DKK v Office of the Children’s Guardian [2018] NSWCATAD 294

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DKK v Office of the Children's Guardian [2018] NSWCATAD 294 Hearing dates: 20 November 2018 Date of orders: 20 November 2018 Decision date: 19 December 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member Prof P Foreman, General Member Decision: (1) The decision of the Children's Guardian dated 1 March 2018 to cancel a Working With Children Check clearance is set aside;

(2) In substitution for this decision, the following decision is made: the respondent is to grant the applicant a Working With Children Check clearance authorising the applicant to engage in paid and unpaid child-related work. Catchwords: CHILD protection – Working with children – Whether any real and appreciable risk – Charges of assault dismissed at hearing – AVO granted – Reliability of complainant's evidence - No positive finding – Whether no hesitation in dismissing the charges as groundless - No lingering doubt or suspicion Legislation Cited: Child Protection (Working with Children) Act 2012 Cases Cited: Children's Guardian v CKF [2017] NSWCS 893 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 Category: Principal judgment Parties: DKK (Applicant) Office of Children's Guardian (Respondent) Representation: Counsel: Ms L Andelman (Applicant) Ms V Hartstein (Respondent)