VCAT affirmed both the WWC exclusion and NDIS exclusion decisions, refusing to reinstate the applicant's clearances. The Tribunal applied the three-part test under s 108 (WWC) and two-part test under s 103 (NDIS) of the Worker Screening Act 2020 (Vic), finding that a pattern of violent offending involving knives, hitting a disability client, ongoing drug use, and insufficient evidence of rehabilitation meant the applicant posed an unjustifiable risk to children and an unacceptable risk to persons with disability. The case illustrates that applicants who deny or minimise offending conduct, lack substantive expert evidence of rehabilitation, and present inconsistent accounts regarding drug use will struggle to discharge the onus under the WS Act, particularly where the paramount consideration is the protection of vulnerable persons.
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