Ecq v The Children's Guardian

The applicant, Ecq, sought a working with children check clearance to work with children in regulated children’s services, including schools. The Children’s Guardian, acting under the Child Protection (Working with Children) Act 2012, refused to grant the clearance due to concerns about Ecq's suitability. Ecq filed an application for an enabling order under section 28 of the Act, seeking to overturn the Guardian's decision. The matter was heard in the Supreme Court of New South Wales.

The central legal issue was whether the Guardian's decision was lawful, reasonable, and justified under the Act. Specifically, the court examined if the Guardian correctly identified risks that warranted refusal of the clearance and if the decision-making process was procedurally fair. Ecq argued that the Guardian's decision lacked sufficient evidence and was not based on a fair assessment of Ecq's suitability.

The court found that the Guardian's decision was well-reasoned and based on a comprehensive assessment of the relevant information. The Guardian had identified specific risks associated with Ecq's past conduct, which justified the refusal of the clearance. The court also noted that the decision-making process complied with the statutory requirements, including providing Ecq with an opportunity to respond to the concerns. Consequently, the court dismissed the application for an enabling order, affirming the Guardian's decision.