Owabor v Children’s Guardian [2024] NSWCATAD 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Owabor v Children's Guardian [2024] NSWCATAD 34 Hearing dates: 27 October 2023 Date of orders: 12 February 2024 Decision date: 12 February 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: L Organ, Senior Member J Herberte, General Member Decision: 1. The order made on 6 July 2023 under s 64 (1) (a) of the Civil and Administrative Tribunal Act 2013 in respect of the publication or broadcast of the name of the applicant, is revoked. 2. 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. 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) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1914 (Cth) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 Criminal Code (Cth) 1995 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: Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41NSWSC 523 FPV v Children's Guardian [2023] NSWCATAD 59 John Fairfax and Sons Limited v Police Tribunal (1986) 5 NSWLR 465 Olunwabusor v Children's Guardian [2023] NSWCATAD 199 Saba v Children's Guardian [2023] NSWCATAD 156 Texts Cited: None cited Category: Principal judgment Parties: Nosa Owabor (Applicant) Children's Guardian (Respondent) Representation: Lucky Iyare & Associates (Applicant) Crown Solicitor (Respondent) File Number(s): 2023/00189900 Publication restriction: Nil