BR v Commission for Children and Young People [2002] NSWADT 160

BR v Commission for Children and Young People [2002] NSWADT 160

The applicant is not a prohibited person under the Child Protection (Prohibited Employment) Act 1998 because the offence for which he was convicted in South Australia would not have constituted an offence in New South Wales at the time it occurred.

Jurisdiction
Australia
Judgment Date
06 September 2002
Procedural Posture
Application for Declaration / Decision
Outcome
application declined; applicant not a prohibited person in respect of the offence in issue
Legal Topics
['prohibited Persons' 'serious Sex Offences' 'child Related Employment']
['administrative Law' 'child Protection Law'] ['prohibited Persons' 'serious Sex Offences' 'child Related Employment']

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Procedural Posture

Application for Declaration / Decision

Legal Issues

  1. 1 ["Whether the applicant has been convicted of a 'serious sexual offence' as defined in the Child Protection (Prohibited Employment) Act 1998, and if not, whether he is a prohibited person for the purposes of that Act."]

Ratio Decidendi

The applicant is not a prohibited person under the Child Protection (Prohibited Employment) Act 1998 because the offence for which he was convicted in South Australia would not have constituted an offence in New South Wales at the time it occurred.

Court Disposition

application declined; applicant not a prohibited person in respect of the offence in issue

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 5 June 1961.']