Horner v Children’s Guardian [2024] NSWCATAD 173

Horner v Children’s Guardian [2024] NSWCATAD 173

Based on the evidence, including the applicant’s criminal history, psychological assessments, pattern of concerning conduct, and lack of evidence of sufficient personal change, the Tribunal found Ms Horner would pose a real and appreciable risk to persons with a disability and refused to grant the NDIS worker clearance.

Parties
Applicant: Tara Horner; Respondent: Children's Guardian
Jurisdiction
Australia
Judgment Date
27 June 2024
Procedural Posture
Application for Administrative Review / Final Determination and Orders
Outcome
Application dismissed
Legal Topics
NDIS Worker Check, Assessment of Risk, Extension of Time
Administrative Law NDIS Worker Check Assessment of Risk Extension of Time

Case Brief

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Parties

Tara Horner

Applicant

Children's Guardian

Respondent

Procedural Posture

Application for Administrative Review / Final Determination and Orders

Legal Issues

  1. 1 Whether the applicant poses a risk of harm to persons with a disability for the purposes of NDIS worker clearance
  2. 2 Whether the applicant should be granted an extension of time to file the application

Ratio Decidendi

Based on the evidence, including the applicant’s criminal history, psychological assessments, pattern of concerning conduct, and lack of evidence of sufficient personal change, the Tribunal found Ms Horner would pose a real and appreciable risk to persons with a disability and refused to grant the NDIS worker clearance.

Court Disposition

Application dismissed

Orders

  • The Tribunal grants the applicant an extension to file the application pursuant to s 41 of the Civil and Administrative Tribunal Act 2013.
  • The application is dismissed.