CB v Commission for Children and Young People [2008] NSWADT 295

CB v Commission for Children and Young People [2008] NSWADT 295

The applicant did not provide sufficient evidence to rebut the statutory presumption that he posed a risk to the safety of children. Although his only conviction was old, non-contact, and not shown to involve a child, and although the workplace allegations were not substantiated, two allegations of inappropriate sexual touching of patients were troubling, the applicant had access to vulnerable people in a position of trust, and he provided no evidence about his professional standing or conduct with children. Because he opposed the respondent's proposed restrictive condition and no alternate conditions were shown to reduce the risk below a real and appreciable risk, the application was...

Jurisdiction
Australia
Judgment Date
31 October 2008
Procedural Posture
Application for a Declaration Under S 33 I of the Commission for Children and Young People Act 1998 That the Applicant Is Not a Prohibited Person / Decision of the Administrative Decisions Tribunal, Community Services Division
Outcome
Application dismissed.
Legal Topics
['prohibited Person Declaration' 'child Related Employment' 'risk to the Safety of Children' 'sexual Offence Conviction' 'conditions on Declaration']
['administrative Law' 'child Protection' 'employment Screening' 'health Care Employment'] ['prohibited Person Declaration' 'child Related Employment' 'risk to the Safety of Children' 'sexual Offence Conviction' 'conditions on Declaration']

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Procedural Posture

Application for a Declaration Under S 33 I of the Commission for Children and Young People Act 1998 That the Applicant Is Not a Prohibited Person / Decision of the Administrative Decisions Tribunal, Community Services Division

Legal Issues

  1. 1 ['Whether the Tribunal should make an order under s 33I of the Commission for Children and Young People Act 1998 declaring that the applicant does not pose a risk to the safety of children.' 'Whether the applicant rebutted the presumption under s 33J(2) of the Commission for Children and Young People Act 1998 that he poses a risk to the safety of children.' 'Whether conditions could be imposed under s 33I(6) to reduce any risk to below a real and appreciable risk.']

Ratio Decidendi

The applicant did not provide sufficient evidence to rebut the statutory presumption that he posed a risk to the safety of children. Although his only conviction was old, non-contact, and not shown to involve a child, and although the workplace allegations were not substantiated, two allegations of inappropriate sexual touching of patients were troubling, the applicant had access to vulnerable people in a position of trust, and he provided no evidence about his professional standing or conduct with children. Because he opposed the respondent's proposed restrictive condition and no alternate conditions were shown to reduce the risk below a real and appreciable risk, the application was...

Court Disposition

Application dismissed.

Orders

  • ['Application is dismissed.']