AU -v- Commission for Children & Young People [2002] NSWADT 78

Based on the expert report, evidence and credibility findings, AU was found to pose a risk to children and could not be declared not a 'prohibited person' under the Act.

Parties: Applicant: AU; Respondent: Commission for Children & Young People
Jurisdiction: Australia
Judgment Date: 14 May 2002
Procedural Posture: Application for Declaration / Decision
Outcome: Application refused
Legal Topics: Prohibited Person Status, Serious Sex Offence, Tribunal Jurisdiction, Risk Assessment

Child Protection Administrative Law Prohibited Person Status Serious Sex Offence Tribunal Jurisdiction Risk Assessment

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Parties

Applicant

Commission for Children & Young People

Respondent

Procedural Posture

Application for Declaration / Decision

Legal Issues

1 Whether AU is a prohibited person under the Child Protection (Prohibited Employment) Act 1998 with respect to a conviction for homosexual intercourse with a minor
2 Whether AU poses a risk to the safety of children warranting continued application of the Act

Ratio Decidendi

Based on the expert report, evidence and credibility findings, AU was found to pose a risk to children and could not be declared not a 'prohibited person' under the Act.

Court Disposition

Application refused

Orders

This application is refused. The Child Protection (Prohibited Employment) Act 1998 continues to apply to AU for the offence for which he was indicted on 9 April 1997.
In the Community Services Division of the Tribunal, it is an offence to publish or broadcast the name of any person involved in proceedings before the Tribunal, pursuant to Administrative Decisions Tribunal Act 1997 s126(1).