DXC v Children’s Guardian [2020] NSWCATAD 136

DXC v Children’s Guardian [2020] NSWCATAD 136

Despite the applicant's serious and sustained breaches of professional boundaries with a vulnerable student, the conduct was highly situational, the applicant has demonstrated responsibility, insight, undergone psychological treatment, and expert evidence assesses his risk to children as low. On all the evidence, the Tribunal is satisfied that he does not pose a real and appreciable risk to the safety of children and it is in the public interest to grant him a clearance.

Jurisdiction
Australia
Judgment Date
20 May 2020
Procedural Posture
Administrative Review Application / Merits Review Before the Tribunal
Outcome
The decision of the Children's Guardian to refuse a clearance is set aside; applicant is granted a Working with Children Check clearance.
Legal Topics
['working With Children Check Clearance' 'merits Review' 'risk Assessment' 'teacher Professional Misconduct']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'merits Review' 'risk Assessment' 'teacher Professional Misconduct']

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 Application / Merits Review Before the Tribunal

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk to the safety of children if granted a Working with Children Check clearance']

Ratio Decidendi

Despite the applicant's serious and sustained breaches of professional boundaries with a vulnerable student, the conduct was highly situational, the applicant has demonstrated responsibility, insight, undergone psychological treatment, and expert evidence assesses his risk to children as low. On all the evidence, the Tribunal is satisfied that he does not pose a real and appreciable risk to the safety of children and it is in the public interest to grant him a clearance.

Court Disposition

The decision of the Children's Guardian to refuse a clearance is set aside; applicant is granted a Working with Children Check clearance.

Orders

  • ["The decision of the Children's Guardian dated 23 May 2019 to refuse to grant the applicant a working with children check clearance is set aside." 'In substitution, the applicant is granted a working with children check clearance.']