A and Commission for Children and Young People & Anor [2003] NSWIRComm 81

A and Commission for Children and Young People & Anor [2003] NSWIRComm 81

Having considered the seriousness and circumstances of the 1971 offence, the applicant's age and the victim's age, the 33 years since conviction, the absence of any further criminal record, his exemplary 25 year teaching record, evidence of good character, and the 1997 school incident, the Commission was persuaded that the applicant did not pose a risk to the safety of children. The requirements for relief under s9 were satisfied and the declaration was granted.

Jurisdiction
Australia
Judgment Date
20 March 2003
Procedural Posture
Application Under S9 of the Child Protection (prohibited Employment) Act 1998 for a Declaration That the Act Does Not Apply to the Applicant in Respect of an Offence / First Instance Reconsideration After Appeal; Ex Tempore Decision
Outcome
Application granted; declaration made that the Child Protection (Prohibited Employment) Act 1998 does not apply to the applicant in respect of the offence.
Legal Topics
['prohibited Employment' 'child Related Employment' 'serious Sex Offence Conviction' 'risk to the Safety of Children' 's9 Declaration']
['child Protection' 'employment and Industrial Relations' 'criminal Law'] ['prohibited Employment' 'child Related Employment' 'serious Sex Offence Conviction' 'risk to the Safety of Children' 's9 Declaration']

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Procedural Posture

Application Under S9 of the Child Protection (prohibited Employment) Act 1998 for a Declaration That the Act Does Not Apply to the Applicant in Respect of an Offence / First Instance Reconsideration After Appeal; Ex Tempore Decision

Legal Issues

  1. 1 ['Whether the applicant was a prohibited person as defined in the Child Protection (Prohibited Employment) Act 1998.' 'Whether the applicant was an employee within the meaning of the Industrial Relations Act 1996 liable to be dismissed by operation of the Child Protection (Prohibited Employment) Act 1998.' 'Whether the applicant posed a risk to the safety of children for the purposes of s9(4) of the Child Protection (Prohibited Employment) Act 1998.' 'Whether the matters in s9(5) of the Child Protection (Prohibited Employment) Act 1998 supported making the order sought.']

Ratio Decidendi

Having considered the seriousness and circumstances of the 1971 offence, the applicant's age and the victim's age, the 33 years since conviction, the absence of any further criminal record, his exemplary 25 year teaching record, evidence of good character, and the 1997 school incident, the Commission was persuaded that the applicant did not pose a risk to the safety of children. The requirements for relief under s9 were satisfied and the declaration was granted.

Court Disposition

Application granted; declaration made that the Child Protection (Prohibited Employment) Act 1998 does not apply to the applicant in respect of the offence.

Orders

  • ['It is declared that the Child Protection (Prohibited Employment) Act 1998 does not apply to the applicant in respect of the offence under the Crimes Act 1900, s71 (dealt with at Sydney Quarter Sessions on 12 March 1991).']