Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: Olunwabusor v Children's Guardian [2023] NSWCATAD 199 Hearing dates: 5 April 2023 Date of orders: 31 July 2023 Decision date: 31 July 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: M Anderson, Senior Member
M Maher, General MemberDecision: The decision of the respondent dated 2 August 2022 to issue the applicant with an exclusion and refuse to grant the applicant 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 – 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Child Protection (Prohibited Employment) Act 1998 (NSW) (repealed)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
Texts Cited: None cited
Category: Principal judgment Parties: Emmanuel Olunwabusor (Applicant)
Children’s Guardian (Respondent)Representation: Applicant (Self Represented)
Crown Solicitor (Respondent)
File Number(s): 2022/00342251 Publication restriction: Nil
Reasons for Decision
Introduction
-
The applicant, by an application dated 10 November 2022 and filed 14 November 2022, seeks administrative review pursuant to section 41(1) of the National…
Keep reading for free
Create a free CaseChat account to read Olunwabusor 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
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2023] NSWCATAD 199
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the risk of harm posed by the applicant to children was real and appreciable, likely or significant, and whether the evidence was sufficient to support the decision. Additionally, the court considered whether the non-publication order was justified under the circumstances, balancing this against the principle of open justice.
The court found that the evidence presented was sufficient to establish a real and appreciable risk of harm to children, and that this risk was likely to be significant. It was determined that the weight of the evidence supported the respondent's decision. The court also found that the non-publication order was appropriate, as it served the interests of justice by protecting the welfare of the children involved.
The decision of the respondent, dated 2 August 2022, to issue the applicant with an exclusion and refuse to grant them a clearance was affirmed by the court. The court upheld the findings that the risk of harm was both real and appreciable and that the non-publication order was warranted in the circumstances.
Orders
Orders of the court
The decision of the respondent dated 2 August 2022 to issue the applicant with an exclusion and refuse to grant the applicant a clearance is affirmed.
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.