FMZ v Children’s Guardian [2023] NSWCATAD 86

FMZ v Children’s Guardian [2023] NSWCATAD 86

The applicant continues to pose a real and appreciable risk of harm to persons with a disability due to his recent and repeated dishonesty offences, lack of sufficient rehabilitation or professional intervention, and insufficient time since most recent offending. Accordingly, the decision to refuse a NDIS Worker Clearance is affirmed.

Jurisdiction
Australia
Judgment Date
11 April 2023
Procedural Posture
Administrative Review / Final Decision
Outcome
Decision under review affirmed
Legal Topics
['ndis Worker Checks' 'risk Assessment' 'administrative Decisions Review' 'worker Screening' 'protective Jurisdiction']
['administrative Law' 'child Protection' 'disability Law'] ['ndis Worker Checks' 'risk Assessment' 'administrative Decisions Review' 'worker Screening' 'protective Jurisdiction']

Case Brief

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Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 ['Whether the applicant poses a real and appreciable risk of harm to persons with a disability within the meaning of the NDIS Check Act and associated regulations' 'Whether the applicant should be granted a NDIS Worker Clearance after convictions for dishonesty offences']

Ratio Decidendi

The applicant continues to pose a real and appreciable risk of harm to persons with a disability due to his recent and repeated dishonesty offences, lack of sufficient rehabilitation or professional intervention, and insufficient time since most recent offending. Accordingly, the decision to refuse a NDIS Worker Clearance is affirmed.

Court Disposition

Decision under review affirmed

Orders

  • ['The decision under review is affirmed']