AB -v- Commission for Children and Young People [2001] NSWADT 170

AB -v- Commission for Children and Young People [2001] NSWADT 170

Although the offence was very serious, given AB’s young age at the time, the ages of those involved, his otherwise clear record, stable family circumstances, and involvement in his children's lives, the tribunal was satisfied that AB does not pose a risk to the safety of children, and the Act should not apply to him for this offence.

Jurisdiction
Australia
Judgment Date
18 October 2001
Procedural Posture
Application for Declaration / Decision
Outcome
declaration granted
Legal Topics
['declaration Regarding Prohibited Person Status' 'application of Child Protection (prohibited Employment) Act 1998' 'criminal Records and Employment']
['administrative Law' 'child Protection Law'] ['declaration Regarding Prohibited Person Status' 'application of Child Protection (prohibited Employment) Act 1998' 'criminal Records and Employment']

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Procedural Posture

Application for Declaration / Decision

Legal Issues

  1. 1 ['Whether the Child Protection (Prohibited Employment) Act 1998 applies to AB in respect of his conviction for carnal knowledge of a girl under 16 years' 'Whether AB poses a risk to the safety of children under s 9 of the Act']

Ratio Decidendi

Although the offence was very serious, given AB’s young age at the time, the ages of those involved, his otherwise clear record, stable family circumstances, and involvement in his children's lives, the tribunal was satisfied that AB does not pose a risk to the safety of children, and the Act should not apply to him for this offence.

Court Disposition

declaration granted

Orders

  • ['The Child Protection (Prohibited Employment) Act 1998 does not apply to AB in respect of the offence of carnal knowledge of a girl under 16 years for which he was convicted on 15 June 2001.']