Olunwabusor v Children's Guardian [2023] NSWCATAD 199

Olunwabusor v Children's Guardian [2023] NSWCATAD 199

The applicant poses a real and appreciable risk of harm to persons with disability, given his recent conviction for sophisticated and premeditated financial crimes committed while working in the sector, minimisation of responsibility, and limited insight into his conduct. In light of the paramount need to protect people with disability from abuse, neglect, and exploitation, the refusal to grant an NDIS worker clearance is affirmed.

Parties
Applicant: Emmanuel Olunwabusor; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
31 July 2023
Procedural Posture
Administrative Review / Hearing and Final Decision
Outcome
Decision affirmed
Legal Topics
NDIS Worker Checks, Child Protection, Risk Assessment, Clearance Refusal, Open Justice, Non Publication Orders
Administrative Law Equal Opportunity Law NDIS Worker Checks Child Protection Risk Assessment Clearance Refusal Open Justice Non Publication Orders

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Parties

Emmanuel Olunwabusor

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Hearing and Final Decision

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk of harm to persons with disability under the NDIS Worker Checks Act 2018 (NSW)
  2. 2 Appropriateness of refusing NDIS worker clearance based on applicant's criminal conduct
  3. 3 Whether principles of open justice require the refusal of a non-publication order

Ratio Decidendi

The applicant poses a real and appreciable risk of harm to persons with disability, given his recent conviction for sophisticated and premeditated financial crimes committed while working in the sector, minimisation of responsibility, and limited insight into his conduct. In light of the paramount need to protect people with disability from abuse, neglect, and exploitation, the refusal to grant an NDIS worker clearance is affirmed.

Court Disposition

Decision affirmed

Orders

  • The decision of the respondent dated 2 August 2022 to issue the applicant with an exclusion and refuse to grant the applicant a clearance is affirmed.