DWD v Children’s Guardian [2019] NSWCATAD 251

DWD v Children’s Guardian [2019] NSWCATAD 251

Although the Tribunal was satisfied that the applicant does not pose a current real and appreciable risk to the safety of children, it found that a reasonable person—properly informed of the applicant's lifelong condition, the critical importance of ongoing medical management, and limitations on supervision—would not allow their child to have unsupervised contact with the applicant in a child-related work context. Therefore, the cancellation of the working with children check clearance must be affirmed.

Jurisdiction
Australia
Judgment Date
09 December 2019
Procedural Posture
Administrative Review / Final Determination
Outcome
The decision of the Children's Guardian to cancel the applicant's working with children check clearance is affirmed.
Legal Topics
['working With Children Check' 'review of Administrative Decisions' 'risk Assessment' 'paedophilic Disorder' 'reasonable Person Test' 'cancellation of Clearance']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'review of Administrative Decisions' 'risk Assessment' 'paedophilic Disorder' 'reasonable Person Test' 'cancellation of Clearance']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children' 'Whether, even if no real and appreciable risk is found, a reasonable person would allow the applicant to have direct, unsupervised contact with their child' "Whether the applicant's working with children check clearance should be reinstated"]

Ratio Decidendi

Although the Tribunal was satisfied that the applicant does not pose a current real and appreciable risk to the safety of children, it found that a reasonable person—properly informed of the applicant's lifelong condition, the critical importance of ongoing medical management, and limitations on supervision—would not allow their child to have unsupervised contact with the applicant in a child-related work context. Therefore, the cancellation of the working with children check clearance must be affirmed.

Court Disposition

The decision of the Children's Guardian to cancel the applicant's working with children check clearance is affirmed.

Orders

  • ["The decision of the Children's Guardian dated 18 April 2018 to cancel the applicant's working with children check clearance is affirmed."]