BO v Commission for Children and Young People [2002] NSWADT 157

BO v Commission for Children and Young People [2002] NSWADT 157

Because the applicant's 1960 finding for attempted carnal knowledge resulted in a recognizance, the required period had elapsed without forfeiture or any further recorded offence, and s.579 of the Crimes Act 1900 applied, that finding had to be disregarded for all purposes. Applying Commission for Children and Young...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 September 2002
Procedural Posture
Application for Declaration That the Child Protection (prohibited Employment) Act 1998 Is Not to Apply to the Applicant in Respect of a Specified Offence / Principal Matter
Outcome
Application declined because the applicant was not a prohibited person in respect of the offence in issue and the Tribunal had no jurisdiction to consider the application.
Legal Topics
['prohibited Person Declaration' 'serious Sex Offence' 'effect of Spent or Disregarded Conviction or Finding' 'child Related Employment Prohibition' 'jurisdiction of the Administrative Decisions Tribunal']
['administrative Law' 'child Protection' 'criminal Law'] ['prohibited Person Declaration' 'serious Sex Offence' 'effect of Spent or Disregarded Conviction or Finding' 'child Related Employment Prohibition' 'jurisdiction of the Administrative Decisions Tribunal']

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Procedural Posture

Application for Declaration That the Child Protection (prohibited Employment) Act 1998 Is Not to Apply to the Applicant in Respect of a Specified Offence / Principal Matter

Legal Issues

  1. 1 ['Whether the applicant was a prohibited person within the meaning of s.5 of the Child Protection (Prohibited Employment) Act 1998.' 'Whether the applicant had been convicted of a serious sex offence for the purposes of the Child Protection (Prohibited Employment) Act 1998.' "Whether s.579 of the Crimes Act 1900 applied to the applicant's 1960 finding for attempted carnal knowledge." 'Whether s.579 of the Crimes Act 1900 prevailed so that the finding had to be disregarded for all purposes, including under the Child Protection (Prohibited Employment) Act 1998.' 'Whether the Tribunal had jurisdiction to consider the application if the applicant was not a prohibited person.']

Ratio Decidendi

Because the applicant's 1960 finding for attempted carnal knowledge resulted in a recognizance, the required period had elapsed without forfeiture or any further recorded offence, and s.579 of the Crimes Act 1900 applied, that finding had to be disregarded for all purposes. Applying Commission for Children and Young People v AG 2002 NSWSC 582, the applicant was not convicted of a serious sex offence for the purposes of the Child Protection (Prohibited Employment) Act 1998, was not a prohibited person, and the Tribunal had no jurisdiction to consider the application for a declaration.

Court Disposition

Application declined because the applicant was not a prohibited person in respect of the offence in issue and the Tribunal had no jurisdiction to consider the application.

Orders

  • ['The application is declined as the applicant is not a prohibited person in respect of the offence in issue, being the offence of attempted carnal knowledge for which the applicant was found guilty on 21 April 1960.']