AZ -v- Commission for Children & Young People [2003] NSWADT 69

AZ -v- Commission for Children & Young People [2003] NSWADT 69

The Tribunal concluded that Mr AZ is a prohibited person under the Act and, taking into account his conviction for a serious sexual offence, ongoing anger and alcohol issues, the seriousness of related subsequent convictions, limited counselling, and the psychologists' guarded opinions, was not satisfied that Mr AZ does not pose a risk to the safety of children. Consequently, the declaration sought could not be granted under s 9(4) of the Act.

Parties
Applicant: AZ; Respondent: Commission for Children & Young People
Jurisdiction
Australia
Judgment Date
07 April 2003
Procedural Posture
Application for Declaration / Final Determination
Outcome
Application dismissed
Legal Topics
Prohibited Employment, Declarations Under Child Protection Legislation
Administrative Law Child Protection Prohibited Employment Declarations Under Child Protection Legislation

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Parties

AZ

Applicant

Commission for Children & Young People

Respondent

Procedural Posture

Application for Declaration / Final Determination

Legal Issues

  1. 1 Is Mr AZ a prohibited person within the meaning of s 5 of the Child Protection (Prohibited Employment) Act 1998?
  2. 2 Does Mr AZ pose a risk to the safety of children under s 9(5) of the Act?

Ratio Decidendi

The Tribunal concluded that Mr AZ is a prohibited person under the Act and, taking into account his conviction for a serious sexual offence, ongoing anger and alcohol issues, the seriousness of related subsequent convictions, limited counselling, and the psychologists' guarded opinions, was not satisfied that Mr AZ does not pose a risk to the safety of children. Consequently, the declaration sought could not be granted under s 9(4) of the Act.

Court Disposition

Application dismissed

Orders

  • The Application is dismissed.
  • The applicant is not entitled to make a further application for an order under the Child Protection (Prohibited Employment) Act 1998 until 18 August 2005 in respect of the offence(s) of Sexual assault for which he was found guilty on 26 February 1991 at Worimi Children's Court.