BV -v- Commision for Children & Young People [2002] NSWADT 168

BV -v- Commision for Children & Young People [2002] NSWADT 168

Because the evidence showed ongoing violence and potential future violence between Mr BV and his wife, associated with alcohol abuse and anger-control concerns, the Tribunal was not satisfied that Mr BV did not pose a risk to the safety of children. Under s9(4) of the Child Protection (Prohibited Employment) Act 1998 the Tribunal therefore could not make the declaration sought.

Jurisdiction
Australia
Judgment Date
29 August 2002
Procedural Posture
Application for a Declaration That the Applicant Is Not a Prohibited Person Under the Child Protection (prohibited Employment) Act 1998 / Principal Matter; Final Decision
Outcome
Application dismissed.
Legal Topics
['prohibited Person' 'child Related Employment' 'risk to Safety of Children' 'serious Sex Offence' 'domestic Violence and Alcohol Abuse Risk Assessment']
['administrative Law' 'child Protection' 'employment Suitability'] ['prohibited Person' 'child Related Employment' 'risk to Safety of Children' 'serious Sex Offence' 'domestic Violence and Alcohol Abuse Risk Assessment']

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Procedural Posture

Application for a Declaration That the Applicant Is Not a Prohibited Person Under the Child Protection (prohibited Employment) Act 1998 / Principal Matter; Final Decision

Legal Issues

  1. 1 ['Whether the Tribunal should declare that the Child Protection (Prohibited Employment) Act 1998 does not apply to Mr BV in respect of his 1983 conviction.' 'Whether the applicant does not pose a risk to the safety of children for the purposes of s9(4) of the Child Protection (Prohibited Employment) Act 1998.' 'Whether, if the applicant did not pose such a risk, the Tribunal should exercise its discretion to grant a declaration.']

Ratio Decidendi

Because the evidence showed ongoing violence and potential future violence between Mr BV and his wife, associated with alcohol abuse and anger-control concerns, the Tribunal was not satisfied that Mr BV did not pose a risk to the safety of children. Under s9(4) of the Child Protection (Prohibited Employment) Act 1998 the Tribunal therefore could not make the declaration sought.

Court Disposition

Application dismissed.

Orders

  • ['This application is dismissed']