Murray v Chief Executive Officer, Public Safety Business Agency

Daniel Shawn Murray applied to the Administrative Appeals Tribunal for review of a decision by the Public Safety Business Agency, refusing to issue him with a blue card. The decision was made on the basis of Murray’s conviction for a serious offence. Murray wished to work with people with a disability and argued that his case was exceptional. The Tribunal found in Murray’s favour and remitted the matter to the Agency for reconsideration.

The central issue before the Tribunal was whether Murray’s case was exceptional within the meaning of the Working With Children (Blue Card) Act 2011 (WA). In considering this, the Tribunal examined Murray’s criminal history, the nature of the offence, the time elapsed since the offence, and the risk of re-offending. Murray presented evidence about his rehabilitation, community involvement, and suitability to work with people with disability. The Tribunal had to balance these factors against the statutory requirements and policy considerations.

In assessing Murray’s case, the Tribunal took into account the seriousness of his past offences, which included crimes of violence. However, it also considered the significant time that had elapsed since the offences, Murray’s rehabilitation efforts, and the lack of any re-offending. The Tribunal emphasised the importance of assessing each application on its merits and found that Murray’s current circumstances and efforts towards rehabilitation demonstrated a substantial change from his past behaviour. The Tribunal concluded that Murray’s case was exceptional and remitted the matter to the Agency for reconsideration in light of this finding.

The Tribunal set aside the decision of the Public Safety Business Agency and directed it to issue a positive notice to Murray, allowing him to work with people with disability. The Tribunal did not make any other orders beyond this.