BA -v- Commission for Children and Young People [2002] NSWADT 86

BA -v- Commission for Children and Young People [2002] NSWADT 86

BA is not a prohibited person under the Act because none of his offences were punishable by penal servitude or imprisonment for 12 months or more; therefore, the Tribunal has no jurisdiction to make a declaration.

Parties
Applicant: BA; Respondent: Commission for Children and Young People
Jurisdiction
Australia
Judgment Date
27 May 2002
Procedural Posture
Application for Declaration / Decision at First Instance
Outcome
Application dismissed for lack of jurisdiction
Legal Topics
Prohibited Persons, Child Related Employment, Jurisdiction
Administrative Law Child Protection Prohibited Persons Child Related Employment Jurisdiction

Case Brief

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Parties

BA

Applicant

Commission for Children and Young People

Respondent

Procedural Posture

Application for Declaration / Decision at First Instance

Legal Issues

  1. 1 Whether BA is a prohibited person under the Child Protection (Prohibited Employment) Act 1998
  2. 2 Whether Tribunal has jurisdiction to make a declaration under s 9 of the Act in BA's case

Ratio Decidendi

BA is not a prohibited person under the Act because none of his offences were punishable by penal servitude or imprisonment for 12 months or more; therefore, the Tribunal has no jurisdiction to make a declaration.

Court Disposition

Application dismissed for lack of jurisdiction

Orders

  • The application is dismissed for lack of jurisdiction.