Olunwabusor v Children's Guardian

The case of Olunwabusor v Children's Guardian involved the applicant, Olunwabusor, contesting the decision of the respondent, the Children's Guardian, to issue them with an exclusion and refuse to grant them a clearance under the National Disability Insurance Scheme (NDIS) Worker Checks. The dispute centred on whether the risk of harm to children posed by the applicant warranted such a decision, and whether the non-publication order was appropriate given the principles of open justice. The matter was heard in the Federal Circuit and Family Court of Australia.

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.