Saba v Children's Guardian [2023] NSWCATAD 156

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Saba v Children's Guardian [2023] NSWCATAD 156 Hearing dates: 10 February 2023 Date of orders: 19 June 2023 Decision date: 19 June 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: M Anderson, Senior Member J Herberte, General Member Decision: 1. The decision of the respondent on Internal Review dated 7 September 2022 to issue Eamad John Saba with an exclusion and refuse to grant Eamad John Saba a clearance is affirmed. 2. Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure of the names of the applicant's children and step children (including any other identifying information as provided in section 64(4)) in connection with these proceedings is prohibited. 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 – non publication order – whether open justice served. Legislation Cited: Administrative Decisions Review Act 1997(NSW) Child Protection (Prohibited Employment) Act 1998 (NSW) (repealed) Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Criminal Code (Cth) Drug Misuse and Trafficking Act 1985 (NSW) Evidence Act 1995 (NSW) 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: 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] NSWCATAD 164 Bronze Wing Ammunition Pty Limited v SafeWork NSW (No 2) [2016] NSWSC 988 Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Council of the Law Society of NSW v CZD [2017] NSWCATOD 31 Council of the New South Wales Bar Association v EFA (No 2) [2021] NSWCATOD 84 FBC v Children's Guardian [2021] NSWCATAD 286 FPV v Children's Guardian [2023] NSWCATAD 59 John Fairfax and Sons Limited v Police Tribunal (1986) 5 NSWLR 465 Karakatsanis v Racing Victoria Ltd [2013] VSCA 305; (2013) 42 VR 176 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32 LA v Commissioner for Children and Young People [2012] NSWSC 1454 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 (2006) 231 CLR 1 R v Commission for Children and Young People [2002] NSWIRComm 101 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No 2) (1981) 3 ALD 88 Roberts v Balancio (1987) 8 NSWLR 436 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152 Tilley v Children's Guardian [2017] NSWCA 174 YG & GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: Nil Cited Category: Principal judgment Parties: E Saba (Applicant) Children's Guardian (Respondent) Representation: Advocates/Counsel: S McAuley (Applicant) M Whitbread (Respondent)