G and DEPARTMENT FOR CHILD PROTECTION AND FAMILY SUPPORT

The case involved an application for an assessment notice by the Department for Child Protection and Family Support against a parent, identified as G. The dispute centred on the assessment of whether G posed an unacceptable risk to children under the Working with Children (Criminal Record Checking) Act 2004 (WA). This legislation mandates that individuals in specific roles undergo criminal record checks to ascertain if they pose an unacceptable risk to children. The Family and Children's Court of Western Australia was tasked with determining whether a negative notice should be issued, which would permit G to work with children without further checks.

The court had to decide several key legal issues. Firstly, whether the Tribunal had the authority to make a positive finding regarding the allegations of abuse and neglect, considering the inconsistencies in the child's evidence. Secondly, the court needed to determine if a positive finding could not be made either way due to the uncertainties in the child's account. Thirdly, the court had to assess whether the evidence presented indicated that G posed an unacceptable risk to children. Lastly, the court examined whether section 12(8)(d) of the Act applied to non-conviction offences.

The court concluded that the Tribunal could not make a positive finding due to the inconsistencies in the child's evidence, nor could it make a finding that the allegations did not happen. Given the uncertainties, the court determined that there was an unacceptable risk of harm, which warranted a negative notice. The court found that section 12(8)(d) applied to non-conviction offences, reinforcing the decision to issue a negative notice. The court issued a negative notice under the Act, allowing the Department for Child Protection and Family Support to proceed with the assessment process.