ADV v Commission for Children and Young People [2012] NSWADT 8

ADV v Commission for Children and Young People [2012] NSWADT 8

Although the expert evidence assessed the applicant as a low risk of reoffending and showed remorse, insight and treatment, the applicant had not rebutted the presumption that he did not pose a risk to the safety of children because the offences were serious, relatively recent, involved a serious breach of trust...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 January 2012
Procedural Posture
Application for an Order Under S 33 I of the Commission for Children and Young People Act 1998 That the Act Not Apply to a Prohibited Person / Principal Judgment After Hearing
Outcome
Application granted conditionally; the Act is not to apply to the applicant in respect of the offences of aggravated indecent assault committed in June 2008, subject to conditions.
Legal Topics
['prohibited Person' 'child Related Employment' 'serious Sex Offence' 'risk to the Safety of Children' 'conditional Order']
['administrative Law' 'child Protection' 'employment' 'health Practitioner Regulation'] ['prohibited Person' 'child Related Employment' 'serious Sex Offence' 'risk to the Safety of Children' 'conditional Order']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application for an Order Under S 33 I of the Commission for Children and Young People Act 1998 That the Act Not Apply to a Prohibited Person / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the applicant rebutted the statutory presumption that he poses a risk to the safety of children.' 'Whether the Tribunal should make an order under s 33I of the Commission for Children and Young People Act 1998.' 'Whether conditions could be imposed to reduce any risk the applicant might present.']

Ratio Decidendi

Although the expert evidence assessed the applicant as a low risk of reoffending and showed remorse, insight and treatment, the applicant had not rebutted the presumption that he did not pose a risk to the safety of children because the offences were serious, relatively recent, involved a serious breach of trust against his 13-year-old stepdaughter, and he continued to engage in behaviours linked to his offending, including pornography use, increased alcohol consumption and social isolation. However, conditions could be imposed under s 33I(6) to reduce any risk, so the Act was ordered not to apply in respect of the June 2008 aggravated indecent assault offences subject to restrictions on...

Court Disposition

Application granted conditionally; the Act is not to apply to the applicant in respect of the offences of aggravated indecent assault committed in June 2008, subject to conditions.

Orders

  • ['The Act is not to apply to the applicant in respect of the offences of aggravated indecent assault committed on June 2008, subject to the following conditions.' 'The applicant shall not practice clinical nursing involving children under the age of 18 years.' 'The applicant shall give a copy of this order to the...