A tribunal found the man “does not currently pose a risk to the safety of children”. Photo: Andrew Johns.
CONTENT WARNING: This story refers to allegations of child sex abuse and suicidal ideation.
A man who showed “poor judgment” during a child’s sleepover has won in his effort to overturn a refusal of a Working With Children Check.
The South Coast man, who Region is unable to identify for legal reasons, was investigated over an alleged incident of child sexual abuse in late 2022.
The child (referred to as ‘Child A’ in the decision) was at the man’s house for a sleepover with a school friend.
The alleged offending occurred when he checked her nappy before putting her back to bed. She is not related to the man.
A short time later, the child woke up again and asked to sleep in the man’s bed, to which he agreed.
Following an investigation, he was charged in June 2023 with one count of intentionally sexually touching a child aged under 10.
This was formally withdrawn and dismissed in October of that year at Batemans Bay Local Court.
But when he applied for a new Working With Children Check clearance (WWCC clearance), the NSW Office of the Children’s Guardian denied his request in February 2025.
The following month, he appealed through the NSW Civil and Administrative Tribunal (NCAT).
In their decision, senior member Doctor Linda Kirk and general member Rosemary Royer found they were satisfied the man offered no “real and appreciable risk” to the safety and well-being of children or young people.
“We have had regard to the applicant’s evidence that he requires a WWCC Clearance so that he can go to [his child’s] school and assist her in relation to her incontinence issues,” they said.
“As we have found that the applicant does not currently pose a risk to the safety of children, we are satisfied that it is in the public interest for the applicant to be able to provide required assistance to [that child] on school premises, thereby relieving staff of the responsibility of doing so.”
According to the NCAT decision, the man was seeking a WWCC clearance so he could help his child with an ongoing medical issue.
The tribunal also heard that, should the WWCC not be granted, extra pressure would be put on the man’s wife.
“This [refusal] would likely cause the applicant to feel “de-activated” as a parent because he will be unable to go to school premises and assist [his child] who has incontinence issues,” the decision states.
The tribunal also heard evidence around the man’s understanding of the alleged offending and the impact the abuse accusation had on his mental health.
Dr Kirk and Ms Royer also described the alleged incident as being “inappropriate and concerning”, but the motivation was unclear.
“While there is no evidence that the applicant had a sexual intention when he touched Child A and allowed her to sleep in his bed, this does not mitigate the seriousness of his conduct.”
In his submissions, the man said he now understood his behaviour had been inappropriate.
“My sole intention was to provide care and support to [Child A] and I now understand that I could have done this in a different way that would support a child safe environment and encourage appropriate boundaries for all children involved,” he wrote in a letter of apology from May 2025.
His clinical psychologist gave evidence to NCAT, who characterised the man as having a “low/minimal risk” of offending against a child in the future.
“He said that he reached this view based on his experience and due to the applicant’s consistency over time, and because there have been no other issues around the applicant acting inappropriately towards children,” the decision states.
The psychologist had been treating the man for anxiety, depression and suicidal ideation.
He now attends appointments with the psychologist or his GP regularly and takes medication for his mental health. The family had also movedd to be closer to their support network.
“Being charged with a criminal offence was highly traumatic and triggered a significant deterioration in the applicant’s mental health,” the NCAT members said.
“He has since undertaken a child safety course, sought mental health treatment, and developed insight into the potential consequences of his behaviour.”
The man also has no criminal history.
Ultimately, NCAT overturned the WWCC clearance refusal with Dr Kirk and Ms Royer finding the man had “no greater” risk of harming a child than any other adult.
The tribunal also found that the man passed the ‘reasonable person test’ (where a reasonable person, knowing the circumstances, would let their child have direct contact with the man).
“The reasonable person would find that any risk posed by the applicant is neither real or appreciable, noting that all adults pose some risk to children, and the reasonable person would also recognise that the applicant is not presumed to be a risk to children,” the NCAT members said.
If you or someone you know needs help, you can contact:
Lifeline’s 24-hour crisis support line – 13 11 14
Suicide Call Back Service – 1300 659 467
Kids Helpline – 1800 551 800
MensLine Australia – 1300 789 978.
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