DGF v Children's Guardian

Case [2018] NSWCATAD 286

Civil and Administrative Tribunal


New South Wales

Medium Neutral Citation: DGF v Children’s Guardian [2018] NSWCATAD 286
Hearing dates: 27 August 2018
Date of orders: 12 December 2018
Decision date: 12 December 2018
Jurisdiction:Administrative and Equal Opportunity Division
Before: S Scarlett, Senior Member
P Foreman, General Member
Decision:

(1) The decision of the Children’s Guardian made on 11 August 2017 not to grant the Applicant a Working with Children Check clearance is affirmed.

Catchwords: ADMINISTRATIVE LAW - administrative review – review under section 27 Child Protection (Working with Children) Act 2012 NSW – refusal of working with children check clearance – child protection – what the correct and preferable decision is having regard to the material before the Tribunal – whether the applicant poses a real and appreciable risk to the safety of children
Legislation Cited: Administrative Decisions Review Act 1997 (NSW) ss 58, 63
Child Protection (Working with Children) Act 2012 (NSW) ss 5B, 14, 15, 18, 27, 30
Child Protection (Working with Children) Amendment (Statutory Review) Act 2018 (NSW)
Children and Young Persons (Care and Protection) Act 1998 (NSW) s 227
Family Law Act 1975 (Cth) s 4
Cases Cited: BJB v NSW Office of the Children’s Guardian (No 2) [2014] NSWCATAD 164
BKE v Office of Children’s Guardian [2015] NSWSC 523
Briginshaw v Briginshaw (1938) 60 CLR 336
Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41
BSR v Office of the Children’s Guardian [2015] NSWCATAD 264
CDX v Children’s Guardian [2016] NSWCATAD 17
CFK v Office of the Children’s Guardian [2017] NSWSC 460
CGN v Children’s Guardian [2016] NSWCATAD 138
CHB v Children’s Guardian [2016] NSWCATAD 2124
Children’s Guardian v BQJ [2016] NSWSC 869
Children’s Guardian v CKF [2017] NSWSC 893
Children’s Guardian v CVE [2017] NSWSC 1342
Commission for Children and Young People v V [2002] NSWSC 949
Commissioner for Children and Young People v FZ [2011] NSWCA 111
CTE v Children’s Guardian [2018] NSWCATAD 28
Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 (2006) 231 CLR 1
Neat Holdings Pty Ltd v Karajan Holdings Pty td [1992] HCA 66; (1992) 67 ALJR 170
Secretary, Department of Justice v LMB [2012] VSC 267
VQB v The Secretary to the Department of Justice [2013] VCAT 789
Category:Principal judgment
Parties: DGF (Applicant)
Children’s Guardian (Respondent)
Representation:

Counsel:
Mr Fraser (Respondent)

  Solicitors:
In Person (Applicant)
Crown Solicitors of NSW (Respondent)
File Number(s): 2017/00277126
Publication restriction: With the exception of expert witnesses or officers of government agencies, the publication or broadcast of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in these proceedings is prohibited. This order is made under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013.

REASONS FOR DECISION

  1. This is an Application for review of a decision made by the Respondent on 11 August 2017 to refuse to grant the Applicant a Working with Children Check clearance.

  2. The Applicant applied for a Working With Children Check…

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AGLC
DGF v Children's Guardian [2018] NSWCATAD 286
Case
[2018] NSWCATAD 286
Decision Date

CaseChat Overview and Summary

The case of DGF v Children's Guardian involved the applicant, DGF, who was seeking a review of a decision made by the Children’s Guardian under section 27 of the Child Protection (Working with Children) Act 2012 NSW. The applicant had applied for a working with children check clearance, which was refused by the Children's Guardian. The dispute centred around the refusal of the clearance and whether the Guardian's decision was lawful, reasonable, and appropriate in the context of the applicant's potential risk to children.

The primary legal issue the court had to decide was whether the Guardian's decision was the correct and preferable one, considering the evidence and material presented to the Tribunal. This involved assessing whether the applicant posed a real and appreciable risk to the safety of children, which was the basis for the refusal of the clearance. The court had to determine if the decision-making process was conducted in a manner that was fair, lawful, and based on the relevant statutory framework and evidence.

The court examined the evidence and the decision-making process undertaken by the Children’s Guardian. It found that the Guardian's decision was based on a thorough consideration of the material and that the decision-making process was fair and lawful. The court was satisfied that the Guardian had appropriately assessed the risk posed by the applicant and concluded that the refusal of the working with children check clearance was the correct and preferable decision. Consequently, the court affirmed the decision of the Children's Guardian.

The final orders of the court were that the decision of the Children’s Guardian made on 11 August 2017 not to grant the Applicant a Working with Children Check clearance was affirmed. The court upheld the Guardian's decision, finding it to be lawful, reasonable, and appropriate based on the material before the Tribunal.

Orders

Orders of the court

(1) The decision of the Children’s Guardian made on 11 August 2017 not to grant the Applicant a Working with Children Check clearance is affirmed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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