DNI v Office of the Children’s Guardian [2019] NSWCATAD 102

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DNI v Office of the Children's Guardian [2019] NSWCATAD 102 Hearing dates: 27 February 2019 Date of orders: 05 June 2019 Decision date: 05 June 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal (Senior Member) A Limbury (General Member) Decision: 1. The decision of the respondent dated 29 June 2018 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 – No real and appreciable risk – Sporting coach - Daughter and stepson removed from family home follow assault by applicant's wife on stepson - Daughter later restored to the applicant and his wife - Relevance of unproven allegations of sexual assault made against the applicant. Legislation Cited: Child Protection (Working with Children) Act 2012 Cases Cited: 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: DNI (Applicant)

Office of the Children's Guardian (Respondent) Representation: Counsel:

P Boncardo (Applicant)

A Douglas-Baker (Respondent)

Solicitors:

Neil Jones Solicitor (Respondent) CHECK

Crown Solicitor (Respondent) File Number(s): 2018/234752 Publication restriction: With the exception of expert witnesses and 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 this proceedings is prohibited. (section 64(1)(a) of the Civil and Administrative Tribunal Act 2013)