DXQ v Children’s Guardian [2020] NSWCATAD 56

DXQ v Children’s Guardian [2020] NSWCATAD 56

The applicant does not pose a real and appreciable risk to the safety of children, given the length of time since last offending, demonstrated remorse, significant positive changes, abstinence from alcohol, ongoing counselling, and strong community and family support. The statutory test under s 30(1A) is satisfied, and the clearance is in the public interest.

Parties
Applicant: DXQ; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
18 February 2020
Procedural Posture
Review of Administrative Decision / Final Judgment
Outcome
Decision of the respondent set aside. Working with children check clearance granted to applicant.
Legal Topics
Working With Children Check Clearance, Risk Assessment, Review of Administrative Decision
Administrative Law Child Protection Working With Children Check Clearance Risk Assessment Review of Administrative Decision

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Parties

DXQ

Applicant

Children's Guardian

Respondent

Procedural Posture

Review of Administrative Decision / Final Judgment

Legal Issues

  1. 1 Whether the applicant poses a risk to the safety of children under the Child Protection (Working with Children) Act 2012 (NSW)
  2. 2 Whether a working with children check clearance should be granted

Ratio Decidendi

The applicant does not pose a real and appreciable risk to the safety of children, given the length of time since last offending, demonstrated remorse, significant positive changes, abstinence from alcohol, ongoing counselling, and strong community and family support. The statutory test under s 30(1A) is satisfied, and the clearance is in the public interest.

Court Disposition

Decision of the respondent set aside. Working with children check clearance granted to applicant.

Orders

  • The decision of the respondent, made on 12 June 2019, to refuse the applicant's application for a working with children check clearance is set aside.
  • In substitution for that decision a decision is made to grant the applicant with a working with children check clearance.