CXZ v Children's Guardian

This matter concerned an application for leave to appeal to the Court of Appeal of New South Wales. The applicant, CXZ, sought leave to appeal against orders made by the Supreme Court concerning the assessment of risk to children under section 18 of the *Child Protection (Working with Children) Act 2012* (NSW). The respondent was the Children's Guardian.

The central legal issue before the Court of Appeal was whether the Supreme Court had correctly applied the principles for determining whether a person poses a risk to the safety of children. Specifically, the Court was required to consider whether the allegations against the applicant should have been assessed through a three-step process, whether any lingering doubt should weigh against the applicant, and whether the Tribunal had failed to consider the accumulated weight of the allegations. The Court identified that an issue of principle was raised by these questions.

The Court of Appeal granted leave to appeal, finding that the issues raised were of sufficient importance to warrant appellate consideration. The appeal was subsequently allowed, and the orders of the Supreme Court made on 4 September 2019 were set aside. The respondent was ordered to pay the applicant's costs of the proceedings.