AR v Commission for Children and Young People [2002] NSWADT 12

AR v Commission for Children and Young People [2002] NSWADT 12

The Tribunal found that the applicant came within the meaning of the Child Protection (Prohibited Employment) Act 1998, but, after applying the factors in s9(5), was satisfied that he posed no risk to the safety of children. Because the statutory condition in s9(4) was met, it made an order that the Act does not apply to him in respect of the 1976 carnal knowledge offence, without conditions.

Jurisdiction
Australia
Judgment Date
01 February 2002
Procedural Posture
Application for a Declaration That the Applicant Is Not a Prohibited Person / Principal Matter
Outcome
Application granted.
Legal Topics
['prohibited Person Declaration' 'risk to Safety of Children' 'serious Sex Offence' 'child Related Employment Prohibition']
['administrative Law' 'child Protection' 'child Related Employment'] ['prohibited Person Declaration' 'risk to Safety of Children' 'serious Sex Offence' 'child Related Employment Prohibition']

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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 applicant came within the meaning of the Child Protection (Prohibited Employment) Act 1998 in respect of the offence of carnal knowledge of which he was convicted on 24 May 1976.' 'Whether the Tribunal should make an order under s9 of the Child Protection (Prohibited Employment) Act 1998 that the applicant is not a prohibited person with respect to that offence.' 'Whether the applicant posed a risk to the safety of children.']

Ratio Decidendi

The Tribunal found that the applicant came within the meaning of the Child Protection (Prohibited Employment) Act 1998, but, after applying the factors in s9(5), was satisfied that he posed no risk to the safety of children. Because the statutory condition in s9(4) was met, it made an order that the Act does not apply to him in respect of the 1976 carnal knowledge offence, without conditions.

Court Disposition

Application granted.

Orders

  • ['The Child Protection (Prohibited Employment) Act 1998 does not apply to Mr AR in respect of the offence of "carnal knowledge" of which he was convicted in Bathurst on 24 May 1976.' 'The order is not subject to any conditions.' 'Pursuant to s 9(10) the Tribunal will notify the NSW Police Service and the Screening...