"A" v Commission for Children and Young People & Anor [2001] NSWIRComm 194

"A" v Commission for Children and Young People & Anor [2001] NSWIRComm 194

Section 579 of the Crimes Act 1900 operates so that after expiry of the relevant period and compliance with statutory conditions, a conviction is to be disregarded for all purposes, including in determining whether an individual is a 'prohibited person' for the purposes of the Child Protection (Prohibited Employment) Act 1998. There is no clear inconsistency between the two statutes; thus, both can operate such that a person in the applicant's position is not a 'prohibited person' under the later Act.

Parties
Applicant: A; First Respondent: Commission for Children and Young People; Second Respondent: Director-General, Department of Education and Training
Jurisdiction
Australia
Judgment Date
28 August 2001
Procedural Posture
Application for Declaration of Right / Final Judgment Following Hearing of Application Under S 154(1) Industrial Relations Act 1996 and S 9(1) Child Protection (prohibited Employment) Act 1998
Outcome
Declaration granted; applicant found not to be a prohibited person under the Child Protection (Prohibited Employment) Act 1998.
Legal Topics
Declaratory Relief, Prohibited Persons Under Child Protection Legislation, Consistency Between Statutes
Industrial Law Statutory Interpretation Child Protection Declaratory Relief Prohibited Persons Under Child Protection Legislation Consistency Between Statutes

Case Brief

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Parties

A

Applicant

Commission for Children and Young People

First Respondent

Director-General, Department of Education and Training

Second Respondent

Procedural Posture

Application for Declaration of Right / Final Judgment Following Hearing of Application Under S 154(1) Industrial Relations Act 1996 and S 9(1) Child Protection (prohibited Employment) Act 1998

Legal Issues

  1. 1 Whether the applicant is a 'prohibited person' under s 5 of the Child Protection (Prohibited Employment) Act 1998
  2. 2 Interaction and potential inconsistency between s 579 of the Crimes Act 1900 and the Child Protection (Prohibited Employment) Act 1998
  3. 3 Whether rights accrued under s 579 are preserved in relation to exclusion from 'prohibited person' status

Ratio Decidendi

Section 579 of the Crimes Act 1900 operates so that after expiry of the relevant period and compliance with statutory conditions, a conviction is to be disregarded for all purposes, including in determining whether an individual is a 'prohibited person' for the purposes of the Child Protection (Prohibited Employment) Act 1998. There is no clear inconsistency between the two statutes; thus, both can operate such that a person in the applicant's position is not a 'prohibited person' under the later Act.

Court Disposition

Declaration granted; applicant found not to be a prohibited person under the Child Protection (Prohibited Employment) Act 1998.

Orders

  • Declare that on the true construction of the Child Protection (Prohibited Employment) Act 1998 'A' is not a 'prohibited person' as defined in s 5 thereof and is entitled to engage in child-related employment free from the operation of the said Act with respect to him.
  • Order that costs be reserved.