Carer disqualified for abuse wins WWC permit fight
A CARER who was found to have physically abused a boy by dragging him along the floor by his ankles has won a legal fight to get her working with children permit back.
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A CARER who was found to have physically abused a boy by dragging him along the floor by his ankles has won a legal fight to get her working with children permit back.
The woman was disqualified from being an out-of-home carer after the incident that caused minor injuries to a vulnerable nine-year-old boy in a residential unit in March 2015.
A Department of Human Services investigation found the woman, who has not been named for legal reasons, physically abused the boy by applying “unnecessary, demeaning physical force”.
VICTORIAN YOUTH PRISON WORKERS UNDER ATTACK
The department’s findings said she dragged the boy by his ankles down a hallway from a common room to the boy’s bedroom, causing him abrasions. It said the boy also “suffered significant emotional harm”.
While the woman denied any misconduct, the department ruled she posed “an unacceptable risk of harm to children” and her working with children check was revoked in August 2017.
The woman, who has worked as a carer for 25 years, appealed her case to the Victorian Civil and Administrative Tribunal and the tribunal sided with her, meaning she can work with children.
Tribunal deputy president Heather Lambrick said the woman was not a risk to children and had “a long history of working positively with vulnerable and challenging children/vulnerable people without incident”.
“There is no doubt that the incident occurred in a short space of time and that it occurred in the heat of a very challenging and dynamic situation. On any reading of the material, it is apparent that different people saw things differently.”
The woman, who was 46-years-old at the time of the incident, had an “otherwise unblemished career”, Ms Lambrick said.
The incident was investigated by police from the Child Abuse Team, however no charges were laid.
The tribunal’s decision said the woman was now employed as a support worker at a mental health, disability and rehabilitation service.
A spokesperson from the Department of Justice and Regulation said the department was aware of the decision handed down by VCAT and would “carefully consider” the judgment.
Shadow Attorney-General John Pesutto said the system needed to be tightened.
“Daniel Andrews claims to have fixed the system, but he hasn’t with recent cases appearing to put too little emphasis on the interests of children and the community,” he said.