W v Commission for Children and Young People and Child Guardian

The matter in W v Commission for Children and Young People and Child Guardian involved Ms W, who appealed the decision of the Commissioner for Children and Young People and Child Guardian to cancel her positive notice and blue card. This decision stemmed from Ms W's convictions for assault and wilful damage. The Commissioner had determined that these convictions constituted an unacceptable risk to children, leading to the cancellation of Ms W's positive notice and blue card under the Working with Children Act 2000. The dispute was heard and determined in the Supreme Court of Western Australia.

The central legal issues revolved around whether an exceptional case existed to warrant the continuation of Ms W's positive notice and blue card, despite her convictions, and whether there was an unacceptable risk to children that would preclude her from obtaining a blue card. Additionally, the court considered whether a non-publication order should be made in respect of the reasons for the decision.

The court found that the Commissioner had erred in law by not considering whether an exceptional case existed that justified Ms W's continued suitability for a blue card. The court held that the Commissioner should have considered all relevant factors, including Ms W's rehabilitation, the time elapsed since the convictions, and the nature of her work with children. The court also found that the Commissioner had not adequately considered the evidence of Ms W's good character and the positive references she provided. Consequently, the court set aside the Commissioner's decision and ordered a positive notice be issued forthwith to Ms W. Furthermore, a non-publication order was made with respect to the reasons for the decision.