Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 4:

1. The Applicant seeks a review of a decision made by the Respondent to cancel his National Disability Insurance Scheme (NDIS) Worker Check clearance.

2. 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.

3. 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 Applicant, his family and other persons, including children, involved.

Background

4. The Applicant, a male in his late 50s, has worked in the child education and disability sectors in the United Kingdom and Australia for over 25 years.

5. The Applicant arrived in Australia in 2019 and later that year commenced working as a School Learning Support Officer (Teacher's Aide) at a school ("the School") in NSW for children with special needs, specifically mild to moderate intellectual and physical disabilities.

6. In early 2020, the Applicant commenced work as a Classroom Teacher at the School.

7. The Applicant and another teacher at the School (a member of the School executive at the time), referred to in these proceedings as Teacher 11, commenced a sexual relationship, both on and outside the School grounds. The Applicant states that this started in August 2020 and ended in April 2021.

8. On 26 April 2021, the Applicant was notified by the Department of Education (the Department), along with other matters, that his temporary contract with the School was immediately terminated.

9. In May 2021, the Applicant became the subject of a workplace investigation conducted by the Department following a complaint made by Teacher 11 that the Applicant had engaged in non-consensual sexual intercourse with her on School grounds, specifically in a classroom at a time when a non-verbal student was in their presence.

10. On 16 November 2021, eight separate allegations of misconduct against the Applicant were set out in a letter from the Department to the Applicant.

11. The Applicant denied the allegations but admitted to having a sexual relationship with Teacher 11 both on and outside of School grounds, although he said that this occurred only after School hours when all the students had left.

12. On 15 January 2022, the Applicant lodged an application with the Respondent for an NDIS Worker Check clearance ("clearance") under the National Disability Insurance Scheme (Worker Checks) Act 2018 (NSW) (NDIS Worker Checks Act).

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197cd8d02d85fab6f8f25f78)

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