DFJ v SECRETARY TO THE DEPARTMENT OF JUSTICE

36 VR 66·Weinberg, Harper and Osborn JJA
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36 VR 66
36 VR 66
DFJ v SECRETARY TO THE DEPARTMENT OF JUSTICECourt of AppealWeinberg, Harper and Osborn JJA18 June, 14 August 2012[2012] VSCA 177Administrative law — Discretion — Relevant considerations — Working with children assessment — Secretary to Department of Justice — Refusal to give assessment notice — Decision affirmed by Victorian Civil and Administrative Tribunal — Appeal on question of law — Preconditions to exercise of discretion — Criminal conviction — Leaving children unattended — Whether significant link between offending and risk to safety of children — Whether tribunal impermissibly restricted regard to circumstances surrounding appellant’s offending — Residual discretion not enlivened — Appeal allowed — Working with Children Act 2005 (No 57) s 17..

Section 17(1) of the Working with Children Act 2005 (“the Act”) provided that, subject to exceptions, the secretary to the Department of Justice (“the secretary”) was required to give an applicant an assessment notice on an application for what was called by the Act “a working with children check” for assessing whether the applicant was suitable to work in child-related work.

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