GM v Department of Human Services

The case of *GM v Department of Human Services* involved an appeal to the Supreme Court of South Australia concerning a decision made by the Child and Family Safety and Support Services Unit (CAU) to issue a prohibition notice to the appellant. The dispute arose from the CAU's determination that the appellant posed an unacceptable risk to children, leading to the issuance of a second prohibition notice. The appeal was heard by Livesey P, S Doyle and Bleby JJ.

The court was required to determine several legal issues. These included whether the CAU correctly identified and applied the test for "unacceptable risk," and whether this determination should be made on the balance of probabilities. Further questions concerned whether the determination of unacceptable risk is a discretionary or non-discretionary decision, and in circumstances where the appellant was already subject to a prohibition notice, whether the CAU was authorised to conduct a further Working With Children Check (WWCC) and validly issue a second prohibition notice. The court also considered whether the CAU's actions were in excess of jurisdiction or contrary to law, and whether there had been a denial of natural justice.

The court's reasoning involved an examination of the relevant legislative scheme, particularly the *Child Sex Offender Prohibition and Registration Act* (CSPP Act) and the *South Australian Civil and Administrative Tribunal Act* (SACAT Act). The court considered the role of the Tribunal in reviewing decisions, noting that it must reach the correct or preferable decision while giving appropriate weight to the original decision-maker's findings. The court's approach involved a rehearing of the matter, considering evidence before the original decision-maker and any further admissible evidence. The court's ultimate determination on the reserved questions of law and the grounds of appeal would determine the outcome of the case.