Hardingham and Chief Executive Officer, Department for Child Protection

In this case, the applicant, Hardingham, sought a review of a decision by the Chief Executive Officer of the Department for Child Protection to refuse to cancel a negative notice issued under the Working with Children (Criminal Record Checking) Act 2004 (WA). The dispute centred on the applicant's eligibility to be involved in child-related work and the potential risk he posed to children. The case was heard by the Supreme Court of Western Australia.

The central legal issues the court had to address were whether the applicant's particular circumstances justified the issuance of a negative notice and whether there was an unacceptable risk that the applicant would cause sexual or physical harm to children in the course of his work. The court also had to consider the paramount importance of the best interests of children in determining the eligibility of the applicant for child-related work.

The court determined that there were no non-conviction charges that could be inferred as evidence of the commission of sexual offences against children. However, the court found that the applicant's particular circumstances warranted the issuance of a negative notice. The court concluded that there was an unacceptable risk that the applicant would cause sexual or physical harm to children in the course of his work, and this risk outweighed the applicant's right to be involved in child-related activities. The court found that the best interests of children were best served by refusing to cancel the negative notice.

The court upheld the decision of the Chief Executive Officer to refuse to cancel the negative notice, thereby preventing the applicant from engaging in child-related work.