CGP v Children's Guardian

The case before the court involved the applicant, CGP, contesting the decision of the Children's Guardian to refuse them a Working with Children Check clearance. The crux of the dispute was whether the applicant posed a risk to the safety of children, which was pivotal in the context of the Child Protection (Working with Children) Act 2012. The matter was adjudicated in the relevant court which conducted a review under section 27 of the Act, examining the decision-making process and the evidence upon which the refusal was based.

The primary legal issues that the court had to determine were the criteria for refusal under the Act, specifically clause 1(6) of Schedule 1, and the standard of proof required in such reviews. The court examined whether the refusal was the correct and preferable decision, given the evidence presented, and whether the onus of proof was adequately discharged by the Children's Guardian. Additionally, the court had to assess whether the applicant posed a real and appreciable risk to the safety, welfare, and well-being of children, a consideration fundamental to the paramount concern of protecting children from abuse.

In reaching its decision, the court meticulously evaluated the evidence and concluded that the applicant did not pose a real and appreciable risk to children. The court found that the decision to refuse the clearance was not the correct and preferable decision, as the applicant's risk to children's safety was not substantiated by the material before the Tribunal. The court's analysis underscored the importance of safeguarding children but also emphasised the necessity for evidence to support any decision that could prevent someone from working with children.

The final orders of the court mandated the setting aside of the Children's Guardian's decision dated 19 October 2015 and directed that the applicant be granted a Working with Children Check clearance within 28 days. Furthermore, the court imposed a prohibition on the disclosure of the applicant's name and the names of any alleged victims or children mentioned in the proceedings to maintain confidentiality and protect privacy.