Chief Executive Officer, Department for Child Protection v Grindrod [No 2]

(2008) 36 WAR 39; [2008] WASCA 28

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Working with children legislation
3. › Assessment notice
4. › Non-conviction charges for Class 2 offence
5. › Construction of s 12(4) and s 12(8)
6. › Whether decision-maker required to determine guilt or assess risk
7. › Concept of 'unacceptable risk'
8. › Best interests of children as paramount consideration
9. › Working with Children (Criminal Record Checking) Act 2004 (WA), ss 3, 12(4), 12(8)
1. Administrative Law
2. › Working with children legislation
3. › Assessment notice
4. › Whether assessment notice may be issued subject to conditions
5. › Whether Interpretation Act 1984 (WA), s 50(2)(b) applies
6. › Interpretation Act 1984 (WA), s 50(2)(b)
1. Practice and Procedure
2. › Suppression orders
3. › Publication of party's name
4. › Principle of open justice
5. › Whether public interest in open justice outweighs private interest in suppression
6. › State Administrative Tribunal Act 2004 (WA), s 62

Quick Take

Under s 12(4) of the Working with Children (Criminal Record Checking) Act 2004 (WA), the decision-maker's function is to assess whether there is an 'unacceptable risk' that the applicant might cause sexual or physical harm to children, not to adjudicate guilt or innocence of the non-conviction charge. Material relating to the charged conduct remains relevant to the risk assessment even if it does not establish guilt to the civil standard of proof. The Interpretation Act 1984 (WA), s 50(2)(b), does not empower the CEO to issue conditional assessment notices.