CJT v Office of the Children's Guardian

The applicant, CJT, sought leave to appeal from a decision of Fullerton J in the Supreme Court of New South Wales. The primary dispute concerned whether CJT was subject to an assessment requirement under section 14 of the *Child Protection (Working with Children) Act 2012* (NSW) and whether the New South Wales Civil and Administrative Tribunal (NCAT) had applied the correct statutory test in determining that CJT posed a risk to the safety of children. The matter was heard in the Court of Appeal of New South Wales by Ward JA and Sackville AJA.

The Court of Appeal was required to determine two key legal issues. Firstly, whether Fullerton J erred in law by upholding NCAT's decision that the applicant was subject to an assessment requirement as defined by section 14 of the *Child Protection (Working with Children) Act 2012* (NSW). Secondly, the Court had to consider whether Fullerton J erred in law by holding that NCAT had correctly applied the relevant statutory test when concluding that the applicant posed a risk to the safety of children.

The Court granted the applicant leave to appeal, but limited the appeal to the two grounds identified. This indicates that the Court considered there to be arguable points of law raised by the applicant. The Court directed the applicant to file an amended notice of appeal within seven days, specifically limited to these grounds. The costs of the application for leave to appeal were reserved and to be costs in the cause, meaning they will be determined at the final resolution of the appeal.