FYU v Children’s Guardian [2024] NSWCATAD 112

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FYU v Children's Guardian [2024] NSWCATAD 112 Hearing dates: 19 December 2023 Date of orders: 30 April 2024 Decision date: 30 April 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member R Royer, General Member Decision: (1) The order made on 28 September 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 varied and now made in the following terms: (i) Pursuant to s 64 (1) (a) of the Civil and Administrative Tribunal Act 2013 the Tribunal restricts disclosure of the name of the applicant, any children, victims, or of evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons, or any risk of harm reporter or any non-expert witness. (2) The decision of the respondent on Internal Review dated 14 July 2023 to issue FYU with an exclusion and refuse to grant FYU a NDIS Worker Check clearance is affirmed. Catchwords: ADMINISTRATIVE LAW – NDIS Worker Checks – confidentiality - child protection –risk of harm - whether risk real and appreciable– risk of harm likely or significant–– current risk – credibility of witness evidence – personal harm – detrimental effect on person – whether conduct poses a risk of personal harm – non publication order – whether open justice served – vulnerable persons Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Prohibited Employment) Act 1998 (repealed) Child Protection (Working with Children) Act 2012 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 National Disability Insurance Scheme (Worker Checks) Act 2018 National Disability Insurance Scheme (Practice Standards - Worker Screening) Rules 2018 – Cth National Disability Insurance Scheme Act 2013 (Cth) Work Health and Safety Act 2011 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 Council of the New South Wales Bar Association v EFA (No 2) [2021] NSWCATOD 64 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 FBC v Children's Guardian [2021] NSWCATAD 286 FMZ v Children's Guardian [2023] NSWCATAD 86 FPV v Children's Guardian [2023] NSWCATAD 59 Olunwabusor v Children's Guardian [2023] NSWCATAD 199 Re: Control Investments Pty Ltd v Australian Broadcasting Tribunal (No. 2) (1981) 3 ALD 88. Saba v Children's Guardian [2023] NSWCATAD 156 Tilley v Children's Guardian [2017] NSWCA 174 Texts Cited: Nil Category: Principal judgment Parties: FYU (Applicant) Children's Guardian (Respondent) Representation: Counsel: M Whitbread (Respondent)