DZF v Children's Guardian [2020] NSWCATAD 41

DZF v Children's Guardian [2020] NSWCATAD 41

The Tribunal found the applicant did not engage in sexual misconduct and does not pose a risk to the safety of children, based on findings of fact, expert evidence, and character references. Granting a WWCC clearance is the correct and preferable decision in light of the statutory factors under s 30(1) and satisfaction of the tests in s 30(1A) of the Child Protection (Working with Children) Act 2012 (NSW).

Jurisdiction
Australia
Judgment Date
07 February 2020
Procedural Posture
Administrative Review / Final Decision
Outcome
Previous refusal of WWCC clearance set aside; WWCC clearance granted to applicant.
Legal Topics
['working With Children Check Clearance' 'risk Assessment' 'professional Boundaries' 'administrative Review' 'public Interest']
['administrative Law' 'equal Opportunity Law' 'child Protection'] ['working With Children Check Clearance' 'risk Assessment' 'professional Boundaries' 'administrative Review' 'public Interest']

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Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 ['Whether the applicant poses a risk to the safety of children under s 18(2) of the Child Protection (Working with Children) Act 2012 (NSW)' 'Whether applicant engaged in sexual misconduct' 'Whether refusal to grant WWCC clearance was lawful' 'Correct and preferable decision in relation to WWCC clearance']

Ratio Decidendi

The Tribunal found the applicant did not engage in sexual misconduct and does not pose a risk to the safety of children, based on findings of fact, expert evidence, and character references. Granting a WWCC clearance is the correct and preferable decision in light of the statutory factors under s 30(1) and satisfaction of the tests in s 30(1A) of the Child Protection (Working with Children) Act 2012 (NSW).

Court Disposition

Previous refusal of WWCC clearance set aside; WWCC clearance granted to applicant.

Orders

  • ['Decision of respondent made on 10 July 2019 refusing to grant 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 grant of a WWCC clearance.' 'Order pursuant to s 64(1)(a) of the Civil and...