Refusal of Working with Children Check: DER v NSW Children’s Guardian

In a case heard by the NSW Civil and Administrative Tribunal, the applicant (DER) sought review of a decision by the Office of the Children's Guardian (respondent) refusing him a Working with Children Check clearance (WWCC). The Children's Guardian formed the view that DER posed a real and appreciable risk to the safety of children and young persons. DER sought a review in order to obtain a WWCC under the Child Protection (Working with Children) Act 2012 (NSW), due to his lifelong ambition to qualify and work in the area of childcare. 

The Tribunal agreed with the Children's Guardian that DER did pose a risk to children:

Having regard to the applicant's psychological functioning, we form a view that it has a significant impact on his ability to be protective of children, thereby creating a real and appreciable risk to the safety and well-being of children. It would follow that as such he would be a risk to children whilst engaged in unsupervised child related work.
Having regard to the applicant's physical constraints on his functioning, his visual impairment which also understandably impacts on his physical mobility, his level of psychological damage and consequent level of functioning, and noting his desire to be protective of children, we reach the following conclusion. We find from a consideration of all of the evidence that the applicant's current level of impairment is such that it has a significant impact on his ability to be protective of children and as such he would be a risk to children whilst engaged in unsupervised child related work (paras. 74-75).