Owabor v Children’s Guardian [2024] NSWCATAD 34

Owabor v Children’s Guardian [2024] NSWCATAD 34

The applicant poses a real and appreciable risk of harm to persons with a disability based on the pattern of dishonest conduct, insufficient time elapsed since external scrutiny, and lack of credible mitigation against risk; consequently, refusal of NDIS worker clearance is affirmed, and no valid reason exists for continuing a non-disclosure order on the applicant's name.

Parties
Applicant: Nosa Owabor; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
12 February 2024
Procedural Posture
Administrative Review / Principal Judgment
Outcome
Application dismissed; respondent's decision affirmed; non-disclosure order revoked.
Legal Topics
NDIS Worker Checks, Child Protection, Risk of Harm, Open Justice, Non Disclosure Order, Eligibility for Clearance, Criminal History Assessment
Administrative Law Equal Opportunity Law NDIS Worker Checks Child Protection Risk of Harm Open Justice Non Disclosure Order Eligibility for Clearance +1 more

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Parties

Nosa Owabor

Applicant

Children's Guardian

Respondent

Procedural Posture

Administrative Review / Principal Judgment

Legal Issues

  1. 1 Whether the applicant poses a risk of harm to persons with a disability and should be excluded from NDIS worker clearance.
  2. 2 Whether the applicant's name should continue to be subject to a non-disclosure order.

Ratio Decidendi

The applicant poses a real and appreciable risk of harm to persons with a disability based on the pattern of dishonest conduct, insufficient time elapsed since external scrutiny, and lack of credible mitigation against risk; consequently, refusal of NDIS worker clearance is affirmed, and no valid reason exists for continuing a non-disclosure order on the applicant's name.

Court Disposition

Application dismissed; respondent's decision affirmed; non-disclosure order revoked.

Orders

  • The order made on 6 July 2023 under s 64 (1) (a) of the Civil and Administrative Tribunal Act 2013 in respect of publication or broadcast of the name of the applicant is revoked.
  • The decision of the respondent on internal review dated 9 June 2023 to issue Nosa Owabor with an exclusion and refuse to grant Nosa Owabor a clearance is affirmed.