FPV v Children’s Guardian [2023] NSWCATAD 59

FPV v Children’s Guardian [2023] NSWCATAD 59

The Tribunal found that FPV's dishonesty offending was objectively serious, recent, and relevant to NDIS work because persons with disability are vulnerable to exploitation and financial harm. FPV's evidence was found to be self-serving, tailored and not credible, particularly because he pleaded guilty and accepted agreed facts yet gave evidence denying direct culpability. Having assessed the s 16 criteria, the Tribunal was satisfied that FPV posed a risk of harm to persons with disability, so the correct and preferable decision was to affirm the Children's Guardian's internal review decision to issue an exclusion and refuse a clearance. The Tribunal also continued the s 64 order because...

Jurisdiction
Australia
Judgment Date
17 March 2023
Procedural Posture
Administrative Review of Refusal to Grant an NDIS Worker Clearance / Review of Respondent's Internal Review Decision Dated 31 October 2022
Outcome
The Children's Guardian's internal review decision was affirmed and the publication restriction was confirmed and continued.
Legal Topics
['risk of Harm to Persons With Disability' 'refusal of NDIS Worker Clearance' 'dishonesty and Fraud Offences' 'credibility of Witness Evidence' 'correct and Preferable Decision' 'publication Restriction Under S 64(1)(a) of the Civil and Administrative Tribunal Act 2013']
['administrative Law' 'ndis Worker Screening' 'child Protection' 'non Publication Orders'] ['risk of Harm to Persons With Disability' 'refusal of NDIS Worker Clearance' 'dishonesty and Fraud Offences' 'credibility of Witness Evidence' 'correct and Preferable Decision' 'publication Restriction Under S 64(1)(a) of the Civil and Administrative Tribunal Act 2013']

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Procedural Posture

Administrative Review of Refusal to Grant an NDIS Worker Clearance / Review of Respondent's Internal Review Decision Dated 31 October 2022

Legal Issues

  1. 1 ['Whether FPV poses a risk of harm to persons with disability if engaged to do NDIS work.' 'Whether the correct and preferable decision was to affirm the refusal to grant FPV a clearance and issue an exclusion.' "Whether the Tribunal should continue the order restricting publication or broadcast of the applicant's name."]

Ratio Decidendi

The Tribunal found that FPV's dishonesty offending was objectively serious, recent, and relevant to NDIS work because persons with disability are vulnerable to exploitation and financial harm. FPV's evidence was found to be self-serving, tailored and not credible, particularly because he pleaded guilty and accepted agreed facts yet gave evidence denying direct culpability. Having assessed the s 16 criteria, the Tribunal was satisfied that FPV posed a risk of harm to persons with disability, so the correct and preferable decision was to affirm the Children's Guardian's internal review decision to issue an exclusion and refuse a clearance. The Tribunal also continued the s 64 order because...

Court Disposition

The Children's Guardian's internal review decision was affirmed and the publication restriction was confirmed and continued.

Orders

  • ['The order made on 1 December 2022 under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 in respect of the publication or broadcast of the name of the applicant is confirmed/continued.' 'The decision of the respondent on Internal Review dated 31 October 2022 to issue FPV with an exclusion and refuse to...