CG -v- Commission for Children & Young People [2002] NSWADT 286

CG -v- Commission for Children & Young People [2002] NSWADT 286

Given the nature of the index offence, absence of evidence of recent violence or sexual offences, psychological evidence, and extensive positive work history with children, the Tribunal is comfortably satisfied CG does not represent a real or material risk to children under s 9 of the Child Protection (Prohibited...

Source-derived case information.

Parties
Applicant: CG; Respondent: Commission for Children & Young People
Jurisdiction
Australia
Judgment Date
04 December 2002
Procedural Posture
Application for Declaration Under Child Protection (prohibited Employment) Act 1998 / Final Decision
Outcome
Application granted; declaration made.
Legal Topics
Declaration of Non Prohibited Person Status, Risk to Children, Sexual Offence History, Child Employment Eligibility
Administrative Law Child Protection Law Declaration of Non Prohibited Person Status Risk to Children Sexual Offence History Child Employment Eligibility

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Parties

CG

Applicant

Commission for Children & Young People

Respondent

Procedural Posture

Application for Declaration Under Child Protection (prohibited Employment) Act 1998 / Final Decision

Legal Issues

  1. 1 Whether CG poses a real and material risk to the safety of children under s 9(4) Child Protection (Prohibited Employment) Act 1998
  2. 2 Whether the Child Protection (Prohibited Employment) Act 1998 should apply to CG in respect of the offence of Indecent Assault Female
  3. 3 Assessment of CG's criminal and psychological history relating to risk to children

Ratio Decidendi

Given the nature of the index offence, absence of evidence of recent violence or sexual offences, psychological evidence, and extensive positive work history with children, the Tribunal is comfortably satisfied CG does not represent a real or material risk to children under s 9 of the Child Protection (Prohibited Employment) Act 1998.

Court Disposition

Application granted; declaration made.

Orders

  • The Child Protection (Prohibited Employment) Act 1998 does not apply to CG in respect to the offence of Indecent Assault Female for which he was convicted on 23 March 1973.
  • The Tribunal shall notify the Commissioner of Police of the terms of this order.