FYU v Children’s Guardian [2024] NSWCATAD 112

FYU v Children’s Guardian [2024] NSWCATAD 112

The applicant left a vulnerable 17 year old person with significant disabilities unsupervised while he was the sole designated carer, causing a serious failure of care directly relevant to NDIS work. His later accounts were inconsistent, minimised the misconduct, and were not credible on crucial aspects of his absence. Although he had no criminal record, had undertaken further study and otherwise positive conduct, the seriousness of the incident, the vulnerability of the young person, the applicant's poor decision-making and lack of candour established a real and appreciable current risk of harm to persons with disability. The correct and preferable decision was therefore to affirm the...

Jurisdiction
Australia
Judgment Date
30 April 2024
Procedural Posture
Administrative Review of Refusal to Grant NDIS Worker Check Clearance / Final Decision After Hearing
Outcome
The decision of the respondent on Internal Review dated 14 July 2023 to issue FYU with an exclusion and refuse to grant FYU a NDIS Worker Check clearance was affirmed; the non-publication order was varied.
Legal Topics
['ndis Worker Check Clearance' 'risk Assessment' 'risk of Harm to Persons With Disability' 'workplace Misconduct' 'credibility of Evidence' 'protective Jurisdiction' 'open Justice']
['administrative Law' 'disability Services Regulation' 'child Protection' 'confidentiality and Non Publication Orders'] ['ndis Worker Check Clearance' 'risk Assessment' 'risk of Harm to Persons With Disability' 'workplace Misconduct' 'credibility of Evidence' 'protective Jurisdiction' 'open Justice']

Case Brief

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Procedural Posture

Administrative Review of Refusal to Grant NDIS Worker Check Clearance / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether the applicant 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 Children's Guardian's internal review decision refusing a NDIS Worker Check clearance." 'Whether the non-publication order under s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 should be maintained or varied.']

Ratio Decidendi

The applicant left a vulnerable 17 year old person with significant disabilities unsupervised while he was the sole designated carer, causing a serious failure of care directly relevant to NDIS work. His later accounts were inconsistent, minimised the misconduct, and were not credible on crucial aspects of his absence. Although he had no criminal record, had undertaken further study and otherwise positive conduct, the seriousness of the incident, the vulnerability of the young person, the applicant's poor decision-making and lack of candour established a real and appreciable current risk of harm to persons with disability. The correct and preferable decision was therefore to affirm the...

Court Disposition

The decision of the respondent on Internal Review dated 14 July 2023 to issue FYU with an exclusion and refuse to grant FYU a NDIS Worker Check clearance was affirmed; the non-publication order was varied.

Orders

  • ['The order made on 28 September 2023 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 varied and now made in the following terms:' 'Pursuant to s 64 (1) (a) of the Civil and Administrative Tribunal Act 2013 the Tribunal...