CPD v Office of the Children's Guardian

In the matter of CPD v Office of the Children's Guardian, the applicant sought judicial review of a decision by the NCAT affirming a refusal to grant a "working with children check clearance". The applicant had been tried for sexual offences against a child but was found not guilty of all charges. The NCAT had found that the child's allegations were proved on the balance of probabilities. The primary legal issues were whether the decision entailed a legal error, the application of the Briginshaw standard, and whether procedural fairness was afforded. Further, it was questioned whether the applicant's sworn evidence was considered, if the reasons revealed prejudgment, and whether the findings were unreasonable or if the reasons were adequate.

The court considered whether the NCAT decision was legally sound and whether the Briginshaw standard was appropriately applied. It was noted that the NCAT's decision to refuse the clearance was based on its finding that the allegations were proved on the balance of probabilities, a finding that was not necessarily inconsistent with the applicant's acquittal. The court held that the NCAT was entitled to make its own assessment of the evidence before it. As for procedural fairness, the court found no failure in this regard, as the applicant had been given a full opportunity to present their case. The court also found that the NCAT had considered the applicant's sworn evidence and that there was no evidence of prejudgment in the reasons provided. Finally, the court concluded that the NCAT's reasons were sufficient and that the findings were not unreasonable.

The court dismissed the application for judicial review. The decision of the NCAT was upheld, and the application was dismissed with costs.