DVY v Children’s Guardian [2020] NSWCATAD 151

DVY v Children’s Guardian [2020] NSWCATAD 151

The Tribunal found the complainant's allegations groundless on the evidence before it because the complainant's unsigned statement was untested, contained internal and external inconsistencies, and included inherently implausible allegations; the criminal charges had been withdrawn after the complainant declined to give evidence; and the applicant and his wife gave credible evidence denying the allegations. With no other evidence establishing a real and appreciable risk to children, and with the reasonable person and public interest requirements satisfied, the respondent's decision was set aside and a clearance granted.

Jurisdiction
Australia
Judgment Date
15 June 2020
Procedural Posture
Administrative Review of Working With Children Check Clearance Decision / Final Decision
Outcome
The respondent's decision dated 12 April 2019 to cancel the applicant's working with children check clearance was set aside, and the applicant was granted a working with children check clearance.
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'sexual Assault Allegations' 'untested Evidence' 'public Interest']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk Assessment' 'sexual Assault Allegations' 'untested Evidence' 'public Interest']

Case Brief

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Procedural Posture

Administrative Review of Working With Children Check Clearance Decision / Final Decision

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children.' 'Whether a reasonable person would allow the applicant to have direct, unsupervised contact with their child while engaged in child-related work.' 'Whether it is in the public interest to grant the applicant a working with children check clearance.']

Ratio Decidendi

The Tribunal found the complainant's allegations groundless on the evidence before it because the complainant's unsigned statement was untested, contained internal and external inconsistencies, and included inherently implausible allegations; the criminal charges had been withdrawn after the complainant declined to give evidence; and the applicant and his wife gave credible evidence denying the allegations. With no other evidence establishing a real and appreciable risk to children, and with the reasonable person and public interest requirements satisfied, the respondent's decision was set aside and a clearance granted.

Court Disposition

The respondent's decision dated 12 April 2019 to cancel the applicant's working with children check clearance was set aside, and the applicant was granted a working with children check clearance.

Orders

  • ["The decision of the respondent dated 12 April 2019 to cancel the applicant's working with children check clearance is set aside." 'In substitution for this decision the following decision is made: the applicant is to be granted a working with children check clearance.']