NSW man charged with domestic violence offences granted Working with Children Check

A man charged with domestic violence offences has been granted a Working With Children Check (WWCC), despite a “pattern” of alleged abuse.

A man charged with domestic violence offences has been granted with a Working With Children Check (WWCC).

A man charged with domestic violence offences has been granted a Working With Children Check (WWCC), despite a “pattern” of alleged abuse.

Details about the 52-year-old man’s behaviour were heard at the NSW Civil and Administrative Tribunal (NCAT) last week, after he appealed a decision by the Office of Children’s Guardian (OCG) to cancel his clearance.

A WWCC is mandatory for any adult in child-related work, paid or unpaid, in NSW.

If an application is rejected by the OCG, the person can appeal the decision at NCAT.

Tribunal documents state the man’s WWCC was cancelled in July last year after the OCG found there was “credible evidence suggesting the applicant was engaged in a pattern of domestic abuse”.

The man previously held a WWCC as he operates a business where he supervises apprentices who are aged under 18.

He also coaches sporting clubs and is often required to work onsite at hospitals and schools.

The tribunal heard he was charged with a number of alleged offences between 2018 and 2020 including common assault following complaints made by his ex-wife.

The charges were later dropped.

The OCG found “credible evidence” that the man was engaged in a pattern of domestic abuse.

In NCAT’s findings it stated that the tribunal “disagreed” with the OCG that the man had “little insight” in relation to his conduct.

“He denies the abusive conduct and the criminal courts, which had the opportunity to assess this, have not found the applicant guilty of these serious offences,” the tribunal said.

“We accept that there is evidence that the applicant may have become verbally abusive given the circumstances.

“We are therefore not satisfied that there is likely to be a repetition of conduct that would impact children, and this supports the applicant’s contention that he does not pose a risk to the safety of children.”

The tribunal ordered that the man’s WWCC clearance be reinstated when he makes a new application to the OCG.

It comes after a series of exclusive reports by the The Telegraph, which exposed significant loopholes where more than two dozen people charged, convicted or alleged to have been involved in serious crimes had obtained a WWCC through successful appeals.

Last week, almost 10 people – including a convicted sex offender – had challenged WWCC refusals at NCAT.

Premier Chris Minns will introduce a bill on August 5 preventing WWCC appeals at the NCAT.

“If a WWCC has been denied, it stays denied, because when it comes to the safety of children, it’s a one strike policy,” Mr Minns said earlier this month.

Mr Minns has also committed to reviewing the dozen WWCCs given by NCAT on appeal to ensure the “absolute integrity” of the scheme.

“I anticipate our changes to the law will capture everybody, but there can just be no chances when it comes to the safety of children,” he said.

The OCG can appeal NCAT decisions to the Supreme Court only if there is an error in law.

Originally published as NSW man charged with domestic violence offences granted Working with Children Check