DWY v Children's Guardian [2020] NSWCATAD 34

DWY v Children's Guardian [2020] NSWCATAD 34

The applicant did not commit the alleged offences or engage in other inappropriate behaviour; having regard to the evidence, including expert assessments and character references, the applicant does not pose a real and appreciable risk to the safety of children, and a reasonable person would permit unsupervised...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 January 2020
Procedural Posture
Administrative Review / Final Determination
Outcome
Decision of the respondent refusing to grant a WWCC clearance is set aside and substituted with a grant of WWCC clearance to the applicant.
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'administrative Review' 'public Interest' 'non Publication Orders']
['administrative Law' 'child Protection' 'equal Opportunity'] ['working With Children Check Clearance' 'risk Assessment' 'administrative Review' 'public Interest' 'non Publication Orders']

Source-derived case record

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Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 ['Whether the applicant poses a risk to the safety of children' 'Whether a reasonable person would allow their child unsupervised contact with the applicant' 'Whether it is in the public interest to grant the applicant a working with children check clearance']

Ratio Decidendi

The applicant did not commit the alleged offences or engage in other inappropriate behaviour; having regard to the evidence, including expert assessments and character references, the applicant does not pose a real and appreciable risk to the safety of children, and a reasonable person would permit unsupervised direct contact during child-related work; it is in the public interest to grant the clearance.

Court Disposition

Decision of the respondent refusing to grant a WWCC clearance is set aside and substituted with a grant of WWCC clearance to the applicant.

Orders

  • ['Decision of the respondent made on 9 May 2019 refusing to grant the applicant a working with children check clearance pursuant to s 18(2) of the Child Protection (Working with Children) Act 2012 (NSW) is set aside and substituted with a decision to grant a WWCC clearance to the applicant.' 'An order pursuant to s...