DWE v Children’s Guardian [2021] NSWCATAD 296

DWE v Children’s Guardian [2021] NSWCATAD 296

On the balance of probabilities, the Tribunal was satisfied that the applicant does not pose a real and appreciable risk to the safety of children, considering the seriousness and circumstances of his prior offending (committed as a child, isolated incident, lack of predatory behaviour, and remorse), his subsequent conduct, treatment and diagnosis of ASD, compliance with recommendations, and lack of evidence of reoffending. The Tribunal also found that a reasonable person would allow their child unsupervised contact, and that the public interest favours granting a clearance.

Jurisdiction
Australia
Judgment Date
14 October 2021
Procedural Posture
Administrative Review / Merits Review, Final Decision
Outcome
Tribunal set aside the respondent's cancellation decision and granted the applicant a working with children check clearance.
Legal Topics
['working With Children Check' 'risk Assessment' 'review of Administrative Decisions' 'child Related Work' 'autism Spectrum Disorder and Offending' 'public Interest' 'paramount Consideration for Child Safety']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check' 'risk Assessment' 'review of Administrative Decisions' 'child Related Work' 'autism Spectrum Disorder and Offending' 'public Interest' 'paramount Consideration for Child Safety']

Case Brief

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Procedural Posture

Administrative Review / Merits Review, Final Decision

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children' 'Whether the matters in s 30(1A) of the Child Protection (Working with Children) Act 2012 (NSW) are satisfied—reasonable person test and public interest']

Ratio Decidendi

On the balance of probabilities, the Tribunal was satisfied that the applicant does not pose a real and appreciable risk to the safety of children, considering the seriousness and circumstances of his prior offending (committed as a child, isolated incident, lack of predatory behaviour, and remorse), his subsequent conduct, treatment and diagnosis of ASD, compliance with recommendations, and lack of evidence of reoffending. The Tribunal also found that a reasonable person would allow their child unsupervised contact, and that the public interest favours granting a clearance.

Court Disposition

Tribunal set aside the respondent's cancellation decision and granted the applicant a working with children check clearance.

Orders

  • ["The decision of the respondent, made on 3 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.']