Refusal of Working With Children Check: DET v Children's Guardian

This is a case in which the applicant (DET) sought a review of the decision of the NSW Children’s Guardian to refuse to grant the applicant a Working with Children Check clearance under the Child Protection (Working with Children) Act 2012 (NSW). The case was heard by the NSW Civil and Administrative Tribunal. DET sought a Working with Children Check Clearance in order to work with children as an early childhood educator. The Tribunal comprehensively assessed the applicant's personal history. The applicant had previously pleaded guilty to an offence under section 23A, Drug Misuse and Trafficking Act for knowingly taking part in the cultivation of a commercial quantity of a prohibited plant (cannabis) by enhanced indoor means and in the process exposed her children to that cultivation and the chemicals used in that process. In addition, the applicant previously was involved in drug taking, was seeing a psychologist, and currently had only supervised access of most of her children. The Tribunal upheld the decision of the Children's Guardian and concluded:

The evidence received by the Tribunal establishes that the Tribunal can be satisfied that the applicant does currently pose a risk to children. The safety, welfare and well-being of children and in particular protecting them from child abuse is the paramount consideration pursuant to section 4 of the Act. There may be conditions which can be imposed which ameliorate the risk but the Tribunal is not empowered to make an order with conditions.... (para.131)