Murray v Director, Family Services, ACT

The case of *Murray v Director, Family Services, ACT* concerned an appeal to the Full Court of the Supreme Court of the Australian Capital Territory regarding the Director's decision to refuse to grant the appellant a licence to operate a children's service. The appellant had applied for a licence to operate a family day care scheme, which was refused by the Director on the grounds that the appellant was not a fit and proper person to operate such a service, citing concerns about her past conduct.

The primary legal issue before the Full Court was whether the Director had erred in law in refusing the licence. This involved determining whether the Director had properly considered all relevant factors and had not taken into account irrelevant considerations when assessing the appellant's fitness and propriety. Specifically, the Court had to consider the scope of the Director's discretion under the relevant legislation and the principles of administrative law governing such decisions.

The Court reasoned that the Director's assessment of fitness and propriety must be based on a comprehensive and balanced consideration of all relevant information, including the appellant's past conduct, but also her present circumstances and any mitigating factors. The Court found that the Director had placed undue weight on past conduct without adequately considering the appellant's subsequent rehabilitation and her capacity to operate the service responsibly. The legal principle applied was that administrative decision-makers must act reasonably and fairly, ensuring that their decisions are supported by evidence and are proportionate to the concerns raised.

The Full Court allowed the appeal, quashed the Director's decision, and remitted the matter back to the Director for reconsideration according to law.