BE -v- Commission for Children & Young People [2002] NSWADT 89

BE -v- Commission for Children & Young People [2002] NSWADT 89

Considering the s9(5) matters, including that the applicant was 18 at the time of the 1966 offence, the girl was 15, the applicant's later criminal record had not changed since 1972, his long work history and current professional roles, and the respondent's non-opposition, the Tribunal found that the applicant poses no risk to children and made an unconditional declaration under s9.

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

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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 Child Protection (Prohibited Employment) Act 1998 should not apply to Mr BE in respect of his 1966 conviction for carnal knowledge.' 'Whether Mr BE poses a risk to the safety of children for the purposes of s9(4) of the Child Protection (Prohibited Employment) Act 1998.']

Ratio Decidendi

Considering the s9(5) matters, including that the applicant was 18 at the time of the 1966 offence, the girl was 15, the applicant's later criminal record had not changed since 1972, his long work history and current professional roles, and the respondent's non-opposition, the Tribunal found that the applicant poses no risk to children and made an unconditional declaration under s9.

Court Disposition

Application granted; declaration made.

Orders

  • ['An order declaring that the Child Protection (Prohibited Employment) Act 1998 does not apply to Mr BE in respect of the offence of carnal knowledge of which he was convicted 24 March 1966. This order is not subject to any conditions.' 'Pursuant to s9(10) the Tribunal will notify the Commissioner of Police and the...