DYG v Children’s Guardian [2020] NSWCATAD 100

DYG v Children’s Guardian [2020] NSWCATAD 100

The correct and preferable decision was to affirm the Children's Guardian's decision because DYG's extensive history of alcohol and drug-related violence, including conduct involving or witnessed by children, his lack of specific anger management treatment, his lack of candour about cannabis use, the uncertainty about his capacity to manage anger and substance use, and his conduct during the hearing meant the Tribunal was not satisfied that he did not pose a real and appreciable risk to the safety of children. The Tribunal was also not satisfied that a reasonable person would allow unsupervised direct contact with their child in child-related work or that making the order would be in the...

Jurisdiction
Australia
Judgment Date
08 April 2020
Procedural Posture
Administrative Review Under S 27 of the Child Protection (working With Children) Act 2012 (nsw) / Review of the Children's Guardian's Decision Dated 7 November 2017 Concerning the Applicant's Working With Children Check Clearance
Outcome
The decision of the Children's Guardian dated 7 November 2017 cancelling the applicant's working with children check clearance is affirmed.
Legal Topics
['working With Children Check Clearance' 'risk to the Safety of Children' 'real and Appreciable Risk' 'merits Review' 'section 30 Considerations' 'reasonable Person Test for Unsupervised Child Related Work']
['administrative Law' 'child Protection'] ['working With Children Check Clearance' 'risk to the Safety of Children' 'real and Appreciable Risk' 'merits Review' 'section 30 Considerations' 'reasonable Person Test for Unsupervised Child Related Work']

Case Brief

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Procedural Posture

Administrative Review Under S 27 of the Child Protection (working With Children) Act 2012 (nsw) / Review of the Children's Guardian's Decision Dated 7 November 2017 Concerning the Applicant's Working With Children Check Clearance

Legal Issues

  1. 1 ['Whether DYG posed a real and appreciable risk to the safety of children as at the date of hearing.' "Whether the Tribunal should grant DYG a working with children check clearance or affirm the Children's Guardian's decision dated 7 November 2017." 'Whether a reasonable person would allow their child to have direct contact with DYG not directly supervised while DYG was engaged in child-related work.' 'Whether it would be in the public interest to make an order enabling DYG to work with children.']

Ratio Decidendi

The correct and preferable decision was to affirm the Children's Guardian's decision because DYG's extensive history of alcohol and drug-related violence, including conduct involving or witnessed by children, his lack of specific anger management treatment, his lack of candour about cannabis use, the uncertainty about his capacity to manage anger and substance use, and his conduct during the hearing meant the Tribunal was not satisfied that he did not pose a real and appreciable risk to the safety of children. The Tribunal was also not satisfied that a reasonable person would allow unsupervised direct contact with their child in child-related work or that making the order would be in the...

Court Disposition

The decision of the Children's Guardian dated 7 November 2017 cancelling the applicant's working with children check clearance is affirmed.

Orders

  • ["The decision of the Children's Guardian dated 7 November 2017 cancelling the applicant's working with children check clearance is affirmed."]