CMD v Children's Guardian

The case of CMD v Children's Guardian involved a dispute between the applicant, CMD, and the Children's Guardian concerning the refusal to grant CMD a Working with Children Check Clearance. The refusal was made following criminal charges against CMD that were subsequently dismissed. CMD sought a review of the decision under the Administrative Decisions (Judicial Review) Act 1977, arguing that the refusal was unreasonable and that the clearance should be granted. The matter was heard in the Supreme Court of Victoria.

The legal issues before the court included whether the Children's Guardian was correct in refusing the clearance based on the dismissed charges and whether the decision was made without bias or error. CMD argued that the charges were dismissed due to a lack of evidence, and thus should not have been a basis for the refusal. The court needed to consider whether the Guardian's decision was lawful, reasonable, and based on appropriate considerations.

The court found that the Children's Guardian was entitled to refuse the clearance based on the dismissed charges, which, despite being dismissed, still indicated potential unsuitability to work with children. The Guardian had a duty to protect children and could consider past charges even if they were not pursued. The court held that the decision was not unreasonable and did not demonstrate bias or error. The Guardian's decision was supported by the material before them, and the applicant failed to demonstrate that the decision was unjust. Consequently, the application for judicial review was dismissed, affirming the refusal of the clearance.