AO -v- Commission for Children & Young People [2001] NSWADT 216

AO -v- Commission for Children & Young People [2001] NSWADT 216

The Tribunal found that AO posed no risk to children, having regard to the circumstances of the historical offence, including that AO was 16 and his girlfriend was 15 at the time, that the charge was the only charge on his criminal record, and that evidence showed long employment, family stability, excellent...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 December 2001
Procedural Posture
Application for a Declaration That the Applicant Is Not a Prohibited Person / Principal Matter
Outcome
Application granted; declaration made that the Child Protection (Prohibited Employment) Act 1998 does not apply to AO in respect of the offence of carnal knowledge.
Legal Topics
['prohibited Person Declaration' 'child Related Employment' 'serious Sex Offence' 'risk to Safety of Children']
['administrative Law' 'child Protection' 'employment Law'] ['prohibited Person Declaration' 'child Related Employment' 'serious Sex Offence' 'risk to Safety of Children']

Source-derived case record

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Procedural Posture

Application for a Declaration That the Applicant Is Not a Prohibited Person / Principal Matter

Legal Issues

  1. 1 ['Whether the Tribunal should make an order under s 9 of the Child Protection (Prohibited Employment) Act 1998 that AO is not a prohibited person with respect to the offence of carnal knowledge.' 'Whether AO poses a risk to the safety of children for the purposes of s 9(4) of the Child Protection (Prohibited Employment) Act 1998.']

Ratio Decidendi

The Tribunal found that AO posed no risk to children, having regard to the circumstances of the historical offence, including that AO was 16 and his girlfriend was 15 at the time, that the charge was the only charge on his criminal record, and that evidence showed long employment, family stability, excellent character and no complaints about his taxi driving work. It therefore made an order that the Act did not apply to AO in respect of the offence.

Court Disposition

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

Orders

  • ["The Child Protection (Prohibited Employment) Act 1998 does not apply to AO in respect of the offence of carnal knowledge which was proved and dismissed on 27 September 1971 at M Children's Court." 'The order is not subject to any conditions.' 'The Tribunal shall serve a copy of this order on the NSW Commissioner...