The NSW Civil and Administrative Tribunal recently heard an appeal by a council employed family day car educator (DBF) whose working with children clearance was cancelled by the NSW Children's Guardian as she posed a risk to the safety of children under section 23(1), Child Protection (Working with Children) Act 2012. The allegation that led to the cancellation was that a four-year-old child was assaulted by DBF’s husband while in the care of DBF. The Tribunal affirmed the decision of the Children's Guardian, stating that:
The Tribunal has considered very carefully all the factors in favour of DBF, however, on balance, having regard to the paramount consideration being the safety and well-being of children, the Tribunal is not satisfied that these outweigh the real and appreciable risk DBF poses to children that arises from her conduct since the trigger incident. This finding is made on the basis of her failure to report the incident to the Council. It is based on her inability or unwillingness to prioritise child protection matters as demonstrated by her minimisation of the trigger incident and her attempts to absolve herself and her husband from responsibility. This was also demonstrated in her failure to disclose the recent de-registration against her to the new FDC provider service as described above.
For these reasons, the Tribunal is satisfied that DBF poses a real and appreciable risk to the safety of children. (paras. 94-5).
The full judgement of the Tribunal can be seen here.
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