Australia, Aug. 23 -- New South Wales Land and Environment Court issued text of the following judgement on July 23:

1. On 3 July 2024, the respondent made a decision to cancel the applicant's working with children check clearance pursuant to s 23(1) of the Child Protection (Working with Children) Act 2012 (NSW) (WWC Act). The applicant, who has been given the pseudonym GNH, was granted a paid working with children clearance on 10 June 2020. He operates a business that requires him to have a clearance: first, because he supervises apprentices who are usually younger than 18 years old and, secondly, because he and his staff are often required to work on site at hospitals and schools.

2. The applicant was notified of the cancellation by notice dated 3 July 2024. This was reportedly not long before the finals series for the under 18s team that he coached. After notification of the cancellation, GNH was required to immediately withdraw from this role and could no longer participate in his business work activities that required his presence on site at schools and hospitals.

3. After reviewing the documentary evidence and statement of the applicant and hearing his oral evidence, we were comfortably satisfied by the end of the hearing that GNH does not pose a real and appreciable risk to the safety of children. At the conclusion of the hearing, we set aside the decision under review and substituted a decision that the applicant's clearance be reinstated. These are our written reasons for the orders.

Background

4. The applicant is a 52-year-old man who was married to his former partner, also the mother of his four children, in August 2000. The applicant and his former partner separated on a final basis on 15 April 2023, after several trial separations and reconciliations and after having been married for over 20 years. Three of the children are young adults and the youngest child is now 15 years old.

5. On 20 May 2020, the applicant was served with an apprehended domestic violence order (ADVO) in favour of his ex-wife. The order included his two youngest children. He was excluded from the family home and was not entitled to have contact with his two youngest children. The applicant's ex-wife filed an application in the Federal Circuit Court, now the Federal Family and Circuit Court (FCFC). On or about 8 June 2020 the applicant saw one of his children at the local shopping centre. The applicant contends that this was accidental but this put him in breach of the ADVO. He was charged with the breach and, after pleading guilty, he was found guilty but without proceeding to conviction. The matter was dismissed pursuant to section 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW).

6. From 20 May 2020 to approximately mid-August 2020, the applicant's children lived with his ex-wife. The eldest two children have lived with him since August 2020. On 7 August 2020, the FCFC discharged orders previously made on 2 June 2020 limiting the applicant's contact with the children. The FCFC ordered that the children live with the applicant's ex-wife and that the children spend time with the applicant on nominated days and weekends during school holidays. The applicant states that his children, including the two younger children, have lived with him from September 2020.

7. The applicant and his former partner entered into a financial agreement dated 22 December 2023. They were divorced in April 2023, and the applicant now has a new partner. The children have continued to live with him, although there are no formal orders about this from the FCFC.

8. The applicant alleges that he and his ex-wife had a difficult and volatile relationship which commenced when his ex-wife started excessive drinking. There is some support for this allegation in the order made by the FCFC on 7 August 2020, which directed the applicant's ex-wife to do all such acts and make all such arrangements to undergo CDT testing (a blood test to detect alcohol consumption) at the request of the independent children's lawyer. The applicant was ordered to undergo psychological testing.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1982fb94437bebf735f28e05)

Disclaimer: Curated by HT Syndication.