The Tribunal set aside the NDIS Exclusion and directed that Manivel be given a NDIS Clearance, finding she did not pose an unacceptable risk of harm to persons with a disability and that granting the clearance was in the public interest. The decision turned on the particular facts: the applicant's criminal offending (recklessly dealing with $4 million in proceeds of crime) was opportunistic, one-off, did not involve a vulnerable person, and was followed by nearly five years without further offending, sustained psychological treatment, and an independent risk assessment placing her at the low end of the lowest risk category. The case confirms that, under s 103(1) of the Worker Screening Act 2020 (Vic), the Tribunal undertakes an evaluative judgment of overall risk magnitude informed by all specified factors and need not find zero risk, and that under s 103(2) the Paramount Consideration (protection of persons with disability) remains at the very core of the public interest test even where vocational rehabilitation interests are acknowledged.
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