GHT v Children’s Guardian [2025] NSWCATAD 16

GHT v Children’s Guardian [2025] NSWCATAD 16

On the balance of evidence, the Tribunal is satisfied the applicant currently poses a real and appreciable risk of harm to persons with disability if granted NDIS Worker Check clearance due to his history of mental illness, recency of psychotic episode and offending, and lack of evidence on compliance in absence of ongoing court or professional supervision, given the potential vulnerability of NDIS participants and likelihood of unsupervised work settings. Accordingly, the decision to refuse clearance is affirmed.

Parties
Applicant: GHT; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
16 January 2025
Procedural Posture
Application for Review of Administrative Decision / Merits Review at Civil and Administrative Tribunal, Final Decision
Outcome
Decision under review affirmed; application dismissed
Legal Topics
NDIS Worker Check Clearance, Risk of Harm Assessment, Mental Health, Procedural Law, Non Publication Orders
Administrative Law Disability Law NDIS Worker Check Clearance Risk of Harm Assessment Mental Health Procedural Law Non Publication Orders

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Parties

GHT

Applicant

Children's Guardian

Respondent

Procedural Posture

Application for Review of Administrative Decision / Merits Review at Civil and Administrative Tribunal, 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
  2. 2 Whether the applicant should be granted an NDIS Worker Check clearance despite previous mental health and criminal offence history
  3. 3 What weight should be given to compliance with treatment under court orders versus voluntary compliance

Ratio Decidendi

On the balance of evidence, the Tribunal is satisfied the applicant currently poses a real and appreciable risk of harm to persons with disability if granted NDIS Worker Check clearance due to his history of mental illness, recency of psychotic episode and offending, and lack of evidence on compliance in absence of ongoing court or professional supervision, given the potential vulnerability of NDIS participants and likelihood of unsupervised work settings. Accordingly, the decision to refuse clearance is affirmed.

Court Disposition

Decision under review affirmed; application dismissed

Orders

  • The Tribunal affirms the decision under review.