SS v Director-General, Department of Justice and Attorney-General

In the matter of SS v Director-General, Department of Justice and Attorney-General, the applicant, SS, sought a review of a decision made by the respondent, the Director-General of the Department of Justice and Attorney-General, through its Director, Blue Card Services (Screening Services), to issue a negative notice on the basis that it was not an exceptional case where issuing a working with children clearance would not harm the best interests of children. The application was filed on 22 April 2020, and the review had to be determined under the amended Working with Children Act, which came into effect on 31 August 2020.

The central legal issue before the court was whether the decision to issue a negative notice was legally sound under the amended Working with Children Act. Specifically, the court had to consider whether the decision was made in accordance with the Act and whether there was sufficient evidence to support the conclusion that issuing a working with children clearance would harm the best interests of children.

The court examined the material provided by the respondent, including the Reasons for the Decision and other relevant documents. It also considered the applicant's submissions, his written evidence, and the oral testimony of his witnesses. The court found that the decision was made in accordance with the amended Act and was supported by the evidence. The court concluded that the decision to issue a negative notice was legally sound and dismissed the application for review.

The court made no orders as the application for review was dismissed.