DVY v Children’s Guardian [2020] NSWCATAD 151

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DVY v Children's Guardian [2020] NSWCATAD 151 Hearing dates: 28 February, 26 March 2020 Date of orders: 15 June 2020 Decision date: 15 June 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member E Hayes, General Member Decision: (1) The decision of the respondent dated 12 April 2019 to cancel the applicant's working with children check clearance is set aside. (2) In substitution for this decision the following decision is made: the applicant is to be granted a working with children check clearance. Catchwords: CHILD Protection – Working with children – Sexual assault charges withdrawn – Findings in respect of criminal allegations – Weight of evidence in absence of testing of evidence – Inconsistences in complainant's statement – Inherent implausibility of allegations. Legislation Cited: Administrative Decisions Review Act 2013 Child Protection (Working with Children) Act 2012 Cases Cited: BKE v Office of Children's Guardian [2015] NSWSC 523 CHB v Children's Guardian [2016] NSWCATAD 214 Children's Guardian v BRL [2016] NSWSC 1206 Children's Guardian v CKF [2017] NSWSC 893 CYY v Children's Guardian (No 2) [2017] NSWCATAD 262 Mielczarek v Commissioner of Police, NSW Police Force (No 2) [2016] NSWCATAP 255 Office of the Children's Guardian v CFW [2016] NSWSC 1406 Secretary, Department of Justice v LMB; Secretary, Department of Justice v PMY [2012] VSCA 143 VQB v The Secretary to the Department of Justice [2013] VCAT 789 Texts Cited: 'Understanding the process of child sexual abuse disclosure: What does the research tell us' (2018) R.J. Pratt and D.Tolliday Category: Principal judgment Parties: DVY (Applicant) Children's Guardian (Respondent) Representation: Counsel: A Douglas-Baker (Respondent)