CN v Commission for Children and Young People [2002] NSWADT 269

CN v Commission for Children and Young People [2002] NSWADT 269

Having considered the statutory factors, the absence of further convictions or complaints, the applicant's references and safeguards, and the expert evidence, the Tribunal was comfortably satisfied on the civil standard that the applicant did not pose an unacceptable risk to persons under 18 provided conditions were imposed to address the qualifications in the expert opinions.

Jurisdiction
Australia
Judgment Date
18 December 2002
Procedural Posture
Application for Declaration That Applicant Not a Prohibited Person / Principal Matter
Outcome
Declaration granted subject to conditions.
Legal Topics
['prohibited Person Declaration' 'child Related Employment' 'serious Sex Offences' 'risk to Safety of Children' 'conditional Orders']
['administrative Law' 'child Protection' 'employment Screening' 'health Law'] ['prohibited Person Declaration' 'child Related Employment' 'serious Sex Offences' 'risk to Safety of Children' 'conditional Orders']

Case Brief

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Procedural Posture

Application for Declaration That Applicant Not a Prohibited Person / Principal Matter

Legal Issues

  1. 1 ['Whether CN poses a risk to the safety of children taking into account s. 9(5) of the Child Protection (Prohibited Employment) Act 1998.' 'Whether conditions should attach to any declaration made in favour of the applicant.']

Ratio Decidendi

Having considered the statutory factors, the absence of further convictions or complaints, the applicant's references and safeguards, and the expert evidence, the Tribunal was comfortably satisfied on the civil standard that the applicant did not pose an unacceptable risk to persons under 18 provided conditions were imposed to address the qualifications in the expert opinions.

Court Disposition

Declaration granted subject to conditions.

Orders

  • ['The Tribunal declares that the Child Protection (Prohibited Employment) Act is not to apply to the applicant in respect of the offences of aggravated indecent assault and indecent assault committed 18 October 1993 and 10 November 1993 subject to conditions.' "The applicant shall not consult with or treat any...