AX -v- Commission for Children and Young People [2002] NSWADT 247

AX -v- Commission for Children and Young People [2002] NSWADT 247

The Tribunal found, based on the evidence, history of complaints, conviction, and expert psychiatric report, that Mr AX does pose a risk to the safety of children and therefore cannot grant the declaration sought under s 9(4) of the Child Protection (Prohibited Employment) Act 1998.

Source-derived case information.

Parties
Applicant: AX; Respondent: Commission for Children and Young People
Jurisdiction
Australia
Judgment Date
27 November 2002
Procedural Posture
Application for Declaration / Final Decision
Outcome
Application dismissed
Legal Topics
Prohibited Employment, Risk Assessment, Declarations Under Child Protection (prohibited Employment) Act 1998
Administrative Law Child Protection Law Prohibited Employment Risk Assessment Declarations Under Child Protection (prohibited Employment) Act 1998

Source-derived case record

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Parties

AX

Applicant

Commission for Children and Young People

Respondent

Procedural Posture

Application for Declaration / Final Decision

Legal Issues

  1. 1 Whether Mr AX is a prohibited person under the Child Protection (Prohibited Employment) Act 1998
  2. 2 Whether Mr AX poses a risk to the safety of children such that the Act should not apply to him

Ratio Decidendi

The Tribunal found, based on the evidence, history of complaints, conviction, and expert psychiatric report, that Mr AX does pose a risk to the safety of children and therefore cannot grant the declaration sought under s 9(4) of the Child Protection (Prohibited Employment) Act 1998.

Court Disposition

Application dismissed

Orders

  • Application dismissed