Secretary, Department of Justice v L M B; Secretary, Department of Justice v P M Y

[2012] VSCA 143

Victorian Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Occupational licensing
3. › Working with children checks
4. › Category 1 application
5. › Persons convicted of sexual offences against children
6. › Public interest test under s 26(3)
7. › Whether Tribunal bound to consider public confidence in assessment system
8. › Working with Children Act 2005 (Vic), s 26
1. Administrative Law
2. › Judicial review
3. › Relevant and irrelevant considerations
4. › Whether decision-maker bound to have regard to particular factor
5. › Public interest as discretionary value judgment
6. › Whether perception of risk as distinct from fact of risk is mandatory consideration
1. Administrative Law
2. › Tribunals
3. › Victorian Civil and Administrative Tribunal
4. › Review of occupational licensing decisions
5. › Scope of public interest discretion
6. › Whether Tribunal improperly restricted range of relevant matters

Quick Take

When the Tribunal is satisfied under s 26(2) of the Working with Children Act 2005 that giving an assessment notice would not pose an unjustifiable risk to the safety of children, the Tribunal is not required as a matter of law to further consider the effect of the decision on public confidence in the assessment system under the s 26(3) public interest test. The perception of risk, as distinct from the fact of risk, is not a mandatory consideration. Once the Tribunal is satisfied there is no unjustifiable risk, it will necessarily be an unusual case in which the public interest nevertheless requires refusal of an assessment notice.