C and Chief Executive Officer, Department for Community Development

The case before the court was between C and the Chief Executive Officer of the Department for Community Development. The applicant sought a review of a decision made by the Chief Executive Officer to issue a negative assessment notice under the Working With Children (Criminal Record Checking) Act 2004. The dispute centred on whether the Chief Executive Officer was correct in deciding not to issue an assessment notice to the applicant, who had been charged with a non-conviction charge under the Act.

The key legal issues the court had to address were whether the Chief Executive Officer was correct in concluding that the applicant's non-conviction charge did not constitute a "particular circumstance" warranting an assessment notice and whether the evidence presented was sufficient to warrant such a decision. Additionally, the court had to consider the appropriate application of sections 106B and 106C of the Evidence Act 1906 in the context of the case.

The court found that the Chief Executive Officer had erred in their interpretation of the Act by not recognising that the applicant's charge constituted a "particular circumstance" warranting an assessment notice. The court emphasised that the Act requires an assessment notice to be issued in such circumstances, and the Chief Executive Officer had not provided sufficient evidence to justify the decision to issue a negative notice. The court also noted that the applicant's right to privacy, as protected under the Evidence Act 1906, had not been adequately considered. As a result, the court set aside the decision of the Chief Executive Officer and ordered that an assessment notice be issued to the applicant.

In summary, the court allowed the review application, set aside the decision of the Chief Executive Officer, and ordered that the applicant be issued with an assessment notice under section 12(4) of the Working with Children (Criminal Records Checking) Act 2004. Additionally, the court ordered that the applicant's name and the materials received by the Tribunal in support of the application not be published, to protect the applicant's privacy.