AAZ v Commission for Children and Young People [2012] NSWADT 75

AAZ v Commission for Children and Young People [2012] NSWADT 75

AAZ does not pose a real or appreciable risk to children greater than any adult, considering the seriousness and circumstances of the offence, passage of time, absence of further incidents, expert evidence of low risk, and stable relationships; the statutory presumption of risk has been rebutted; therefore, it is appropriate to make the declaration sought under s 33I.

Jurisdiction
Australia
Judgment Date
26 April 2012
Procedural Posture
Declaration Application Under Commission for Children and Young People Act 1998 / Final Decision After Rehearing
Outcome
Declaration made in favour of applicant
Legal Topics
['prohibited Persons' 'child Related Employment' 'application for Exemption' 'risk Assessment' 'commission for Children and Young People Act 1998 S 33 I' 'administrative Decision Review']
['administrative Law' 'community Services' 'children Law'] ['prohibited Persons' 'child Related Employment' 'application for Exemption' 'risk Assessment' 'commission for Children and Young People Act 1998 S 33 I' 'administrative Decision Review']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Declaration Application Under Commission for Children and Young People Act 1998 / Final Decision After Rehearing

Legal Issues

  1. 1 ['Whether Division 2 of Part 7 of the Commission for Children and Young People Act 1998 applies to AAZ in respect of his conviction for an act of indecency towards a person under 16' 'Whether the applicant has discharged the onus that he poses no risk to the safety of children']

Ratio Decidendi

AAZ does not pose a real or appreciable risk to children greater than any adult, considering the seriousness and circumstances of the offence, passage of time, absence of further incidents, expert evidence of low risk, and stable relationships; the statutory presumption of risk has been rebutted; therefore, it is appropriate to make the declaration sought under s 33I.

Court Disposition

Declaration made in favour of applicant

Orders

  • ["It is declared that Division 2 of Part 7 of the Commission for Children and Young People Act 1998 does not apply to AAZ in respect to the offence of 'committing an act of indecency towards a person under the age of 16 years to wit 15 years in circumstances of aggravation' of which he was convicted, in the Local...