CVE v Children's Guardian

The case involved the applicant, CVE, seeking judicial review of a decision by the Children's Guardian to deny them a Working with Children Check clearance. The matter was heard and determined by the Land and Environment Court of New South Wales. The applicant sought to challenge the decision on the basis that it was unreasonable and not supported by the evidence before the Tribunal.

The court was tasked with determining whether the Children's Guardian's decision was the correct and preferable decision, having regard to the material before the Tribunal. This involved assessing whether the applicant posed a risk to the safety of children. The court examined the evidence and submissions presented to determine whether the decision was based on lawful considerations and was rational and reasonable.

The court found that the decision was not the correct and preferable decision, as it was not supported by the evidence before the Tribunal. The court held that the decision was based on an error of law and was not rational or reasonable. The court set aside the decision of the Children's Guardian and made a substituted decision granting the applicant a Working with Children Check clearance.

The final orders of the court were that the decision of the Children's Guardian to refuse to grant the applicant a Working with Children Check clearance was set aside and that the applicant is granted a Working with Children Check clearance. The decision provides guidance on the standard of review in administrative law cases and the importance of decisions being based on lawful considerations and supported by evidence.