AG -v- Commission for Children & Young People [2001] NSWADT 163

AG -v- Commission for Children & Young People [2001] NSWADT 163

Where a conviction is subject to s. 579 of the Crimes Act 1900 and is to be disregarded for all purposes, that conviction cannot form the basis for 'prohibited person' status under the Child Protection (Prohibited Employment) Act 1998; accordingly, Mr AG is not a 'prohibited person' and may lawfully engage in child-related employment.

Parties
Applicant: AG; Respondent: Commission for Children & Young People
Jurisdiction
Australia
Judgment Date
26 September 2001
Procedural Posture
Application for Declaration / Tribunal Decision (first Instance)
Outcome
Application allowed; declaration made that applicant is not a prohibited person under the Act
Legal Topics
Prohibited Employment, Serious Sex Offences, Spent Convictions, Statutory Interpretation
Administrative Law Employment Law Child Protection Prohibited Employment Serious Sex Offences Spent Convictions Statutory Interpretation

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Parties

AG

Applicant

Commission for Children & Young People

Respondent

Procedural Posture

Application for Declaration / Tribunal Decision (first Instance)

Legal Issues

  1. 1 Whether Mr AG is a 'prohibited person' under s. 5 of the Child Protection (Prohibited Employment) Act 1998 given convictions to which s. 579 of the Crimes Act 1900 applies
  2. 2 Application of spent convictions provision (s. 579 of the Crimes Act) to the Child Protection Act scheme
  3. 3 Whether Mr AG poses a risk to the safety of children for the purposes of s. 9 of the Child Protection (Prohibited Employment) Act

Ratio Decidendi

Where a conviction is subject to s. 579 of the Crimes Act 1900 and is to be disregarded for all purposes, that conviction cannot form the basis for 'prohibited person' status under the Child Protection (Prohibited Employment) Act 1998; accordingly, Mr AG is not a 'prohibited person' and may lawfully engage in child-related employment.

Court Disposition

Application allowed; declaration made that applicant is not a prohibited person under the Act

Orders

  • Declare that Mr AG is not a 'prohibited person' as defined in s. 5 of the Child Protection (Prohibited Employment) Act and is entitled to engage in child-related employment free from the operation of that Act with respect to him.
  • (Previously) Stay of prohibition subject to conditions: 1) No other child-related employment except present role; 2) Applicant to inform employer and provide notice to Commission and Tribunal; 3) Orders to be served on relevant persons.