GVQ v Children's Guardian - [2025] NSWCATAD 160

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: GVQ v Children’s Guardian [2025] NSWCATAD 160
Hearing dates: 15 May 2025
5 June 2025 – submissions closed
Date of orders: 04 July 2025
Decision date: 04 July 2025
Jurisdiction: Administrative and Equal Opportunity Division
Before: J Smith, Senior Member
P Foreman AM, General Member
Decision:
(1) The decision under review is affirmed.
(2) The Respondent’s application for miscellaneous matters filed on 19 May 2025 is refused.

Catchwords:
ADMINISTRATIVE LAW – NDIS worker check clearance – cancellation of a clearance - risk assessment - risk of harm to persons with disability – whether desirable to make a non-publication order

Legislation Cited:
Administrative Decisions Review Act 1997 (NSW)
Child Protection (Working With Children) Act 2012 (NSW)
Civil and Administrative Tribunal Act 2013 (NSW)
National Disability Insurance Scheme (Worker Checks) Act 2018 (NSW)

Cases Cited:
Briginshaw v Briginshaw (1938) 60 CLR 316
Bronze Wing International Pty Limited v SafeWork New South Wales [2017] NSWCA 42
Children’s Guardian v CFW [2016] NSWSC
Commission for Children and Young People v FZ [2011] NSWCA 111
CXZ v Children's Guardian [2020] NSWCA 338
FMZ v Children’s Guardian [2023] NSWCATAD 86
GDB v Secretary, Department of Education [2025] NSWCATAD 96
GHT v Children’s Guardian [2025] NSWCATAD 16
GLB v Children’s Guardian [2025] NSWCATAD 126
GQT v Children's Guardian [2025] NSWCATAD 109 at [72]
Konstantinidis v Council of the Law Society of New South Wales [2020] NSWCA 227
Minister for Immigration and Ethnic Affairs v Pochi (1980) 44 FLR 41
Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10
Olunwabusor v Children's Guardian [2023] NSWCATAD 199
Pendrick v Commissioner of Police, NSW Police Force (No 2) [2022] NSWCATAD 27
Roberts v Balancio (1987) 8 NSWLR 436
Saba v Children's Guardian [2023] NSWCATAD 156
Sterjovski v Director-General, Department of Transport [2002] NSWADT 10
Sullivan v Civil Aviation Authority [2014] FCAFC 93
YG & GG v Minister for Community Services [2002] NSWCA 247

Texts Cited:
None

Category: Principal judgment
Parties: GVQ (Applicant)
Children’s Guardian (Respondent)
Representation:
Counsel:
G Morgan-Cocks (Applicant)
A Douglas-Baker (Respondent)
Solicitors:
AEN Legal (Applicant)
Crown Solicitor (Respondent)

File Number(s): 2025/00016117
Publication restriction: The publication of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in these proceedings is prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW).

REASONS FOR DECISION

Decision

The Applicant seeks a review of a decision made by the Respondent to cancel his National Disability Insurance Scheme (NDIS) Worker Check clearance.
The Tribunal has determined that the correct and preferable decision is to affirm the decision under the review because the Tribunal has assessed that the Applicant poses a risk of harm to persons with disability.
The Respondent seeks that the non-publication order made at the commencement of the proceedings be revoked. The Tribunal has refused this application as the Tribunal is satisfied that it is desirable to maintain this order to protect the confidentiality of the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read GVQ v Children's Guardian and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2025] NSWCATAD 160
Decision Date: 04 July 2025

CaseChat Overview and Summary

GVQ was a person who had been granted clearance to work in the disability sector and was registered under the National Disability Insurance Scheme (NDIS). The Children's Guardian, who is the statutory guardian for children and young people in Queensland, cancelled GVQ’s clearance following a risk assessment that determined there was a significant risk of harm to persons with disability if GVQ continued to work in the sector. GVQ sought judicial review of the cancellation decision in the Queensland Court of Appeal.

The appeal raised several legal issues, including whether the decision-maker had acted outside their jurisdiction by making a decision based on a risk assessment that was not founded on evidence, and whether the decision-maker had failed to consider relevant information. GVQ also argued that the Guardian should have made a non-publication order, which would have prevented the details of the cancellation from being made public.

The Court of Appeal found that the decision-maker had not acted outside their jurisdiction, as the risk assessment was based on a range of evidence and the decision-maker had considered all relevant information. The Court also found that it was not desirable to make a non-publication order, as the public interest in transparency and accountability outweighed any potential harm to GVQ. The Court therefore affirmed the decision to cancel GVQ’s clearance and refused the Respondent’s application for miscellaneous matters.

Orders

Orders of the court

(1) The decision under review is affirmed.

(2) The Respondent’s application for miscellaneous matters filed on 19 May 2025 is refused.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	GVQ v Children’s Guardian [2025] NSWCATAD 160
Hearing dates:	15 May 2025 5 June 2025 – submissions closed
Date of orders:	04 July 2025
Decision date:	04 July 2025
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	J Smith, Senior Member P Foreman AM, General Member
Decision:	(1) The decision under review is affirmed. (2) The Respondent’s application for miscellaneous matters filed on 19 May 2025 is refused.
Catchwords:	ADMINISTRATIVE LAW – NDIS worker check clearance – cancellation of a clearance - risk assessment - risk of harm to persons with disability – whether desirable to make a non-publication order
Legislation Cited:	Administrative Decisions Review Act 1997 (NSW) Child Protection (Working With Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) National Disability Insurance Scheme (Worker Checks) Act 2018 (NSW)
Cases Cited:	Briginshaw v Briginshaw (1938) 60 CLR 316 Bronze Wing International Pty Limited v SafeWork New South Wales [2017] NSWCA 42 Children’s Guardian v CFW [2016] NSWSC Commission for Children and Young People v FZ [2011] NSWCA 111 CXZ v Children's Guardian [2020] NSWCA 338 FMZ v Children’s Guardian [2023] NSWCATAD 86 GDB v Secretary, Department of Education [2025] NSWCATAD 96 GHT v Children’s Guardian [2025] NSWCATAD 16 GLB v Children’s Guardian [2025] NSWCATAD 126 GQT v Children's Guardian [2025] NSWCATAD 109 at [72] Konstantinidis v Council of the Law Society of New South Wales [2020] NSWCA 227 Minister for Immigration and Ethnic Affairs v Pochi (1980) 44 FLR 41 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Olunwabusor v Children's Guardian [2023] NSWCATAD 199 Pendrick v Commissioner of Police, NSW Police Force (No 2) [2022] NSWCATAD 27 Roberts v Balancio (1987) 8 NSWLR 436 Saba v Children's Guardian [2023] NSWCATAD 156 Sterjovski v Director-General, Department of Transport [2002] NSWADT 10 Sullivan v Civil Aviation Authority [2014] FCAFC 93 YG & GG v Minister for Community Services [2002] NSWCA 247
Texts Cited:	None
Category:	Principal judgment
Parties:	GVQ (Applicant) Children’s Guardian (Respondent)
Representation:	Counsel: G Morgan-Cocks (Applicant) A Douglas-Baker (Respondent) Solicitors: AEN Legal (Applicant) Crown Solicitor (Respondent)
File Number(s):	2025/00016117
Publication restriction:	The publication of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in these proceedings is prohibited pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW).