DWG v Children’s Guardian [2020] NSWCATAD 49

DWG v Children’s Guardian [2020] NSWCATAD 49

The Tribunal was not satisfied, as at the hearing date, that the applicant posed a real and appreciable risk to the safety of children. Although the trigger offences involving violence against partners were serious and children had been exposed to risk, there was no evidence that the applicant had intentionally harmed a child, he had made significant and genuine changes to a previously chaotic life, had been stable for more than five years, had obtained sole parental responsibility for his three children with support from FACS, had continued medication and counselling for mental health issues, had addressed illegal drug use and alcohol abuse, and the 2017 and 2018 police incident reports...

Jurisdiction
Australia
Judgment Date
12 February 2020
Procedural Posture
Administrative Review of Refusal of Application for a Working With Children Check Clearance / External Review in the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales
Outcome
The respondent's decision to refuse the applicant's application for a working with children check clearance was set aside and, in substitution, a decision was made to grant the clearance.
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'assessment Trigger Offences' 'domestic Violence' 'real and Appreciable Risk to the Safety of Children']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk Assessment' 'assessment Trigger Offences' 'domestic Violence' 'real and Appreciable Risk to the Safety of Children']

Case Brief

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Procedural Posture

Administrative Review of Refusal of Application for a Working With Children Check Clearance / External Review in the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales

Legal Issues

  1. 1 ['Whether the applicant posed a real and appreciable risk to the safety of children under the Child Protection (Working with Children) Act 2012 (NSW).' 'Whether the correct and preferable decision was to grant or refuse the applicant a working with children check clearance.']

Ratio Decidendi

The Tribunal was not satisfied, as at the hearing date, that the applicant posed a real and appreciable risk to the safety of children. Although the trigger offences involving violence against partners were serious and children had been exposed to risk, there was no evidence that the applicant had intentionally harmed a child, he had made significant and genuine changes to a previously chaotic life, had been stable for more than five years, had obtained sole parental responsibility for his three children with support from FACS, had continued medication and counselling for mental health issues, had addressed illegal drug use and alcohol abuse, and the 2017 and 2018 police incident reports...

Court Disposition

The respondent's decision to refuse the applicant's application for a working with children check clearance was set aside and, in substitution, a decision was made to grant the clearance.

Orders

  • ["The decision of the respondent, made on 28 November 2016, to refuse the applicant's application for a working with children check clearance, is set aside." 'In substitution a decision is made to grant the applicant a working with children check clearance.']