FMZ v Children’s Guardian [2023] NSWCATAD 86

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FMZ v Children's Guardian [2023] NSWCATAD 86 Hearing dates: 15 February 2023 Date of orders: 11 April 2023 Decision date: 11 April 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member F Duffy, Senior Member Decision: The decision under review is affirmed Catchwords: ADMINISTRATIVE LAW – NDIS Worker Checks - child protection –risk of harm - whether risk real and appreciable– risk of harm likely or significant– weight of evidence of risk – current risk Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 National Disability Insurance Scheme Act 2013 (Cth) National Disability Insurance Scheme (Practice Standards—Worker Screening) Rules 2018 (Cth) National Disability Insurance Scheme (Worker Checks) Act (NSW) 2018 Cases Cited: ADV v Commission for Children and Young People [2012] NSWADT 8 AYU v NSW Office of the Children's Guardian [2014] NSWCATAD 69 BFC v The Children's Guardian [2014] NSWCATAD 90, BFX v Children's Guardian [2014] NSWCATAD 115 BJB v NSW Office of the Children's Guardian (No 2) 2014 NSWCAT 164 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 FBC v Children's Guardian [2021] NSWCATAD 286 FPV v Children's Guardian [2023] NSWCATAD 59 Re: Control Investments Pty Ltd v Australian Broadcasting Tribunal (No. 2) (1981) 3 ALD 88 Texts Cited: None Category: Principal judgment Parties: Onismo Baivatu (Applicant) Children's Guardian (Respondent) Representation: Counsel: Mr R Pietriche (Respondent)