CDX v Children's Guardian

The matter before the court involved an applicant seeking a review of a decision made by the Children's Guardian under section 27 of the Child Protection (Working with Children) Act 2012. The applicant contested the refusal of their application for a working with children check clearance. The court was tasked with determining whether the refusal was the correct and preferable decision based on the evidence presented.

The central legal issue was whether the applicant posed a risk to the safety of children, considering their extensive criminal history, which included five assault convictions and two convictions for assault occasioning actual bodily harm. The court also had to consider three assault charges and one assault occasioning actual bodily harm charge that were withdrawn, as well as convictions for contravening an apprehended domestic violence order and for destroying and damaging property that occurred in circumstances of domestic violence. Additionally, the court needed to establish the onus of proof in a review under section 27 and assess whether the applicant posed a real and appreciable risk to the safety of children.

The court found that there was no real and appreciable risk posed by the applicant to the safety of children, considering the material before the tribunal. It concluded that the refusal of the working with children check clearance was not the correct and preferable decision. The court granted the application for review, set aside the Children's Guardian's decision dated 18 August 2015, and ordered that the Children’s Guardian issue the applicant a Working with Children Check clearance within seven days.