CS v Commission for Children and Young People [2002] NSWADT 159

CS v Commission for Children and Young People [2002] NSWADT 159

The applicant is not a prohibited person under the Child Protection (Prohibited Employment) Act 1998, as the offence of carnal knowledge must be disregarded due to the operation of s.579 of the Crimes Act 1900; accordingly, the Tribunal has no jurisdiction to consider the application.

Parties
Applicant: CS; Respondent: Commission for Children and Young People
Jurisdiction
Australia
Judgment Date
06 September 2002
Procedural Posture
Application for Declaration / Final Decision
Outcome
Application declined
Legal Topics
Prohibited Employment, Serious Sex Offences, Jurisdiction, Rehabilitation of Offenders
Administrative Law Child Protection Prohibited Employment Serious Sex Offences Jurisdiction Rehabilitation of Offenders

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Parties

CS

Applicant

Commission for Children and Young People

Respondent

Procedural Posture

Application for Declaration / Final Decision

Legal Issues

  1. 1 Is the applicant a prohibited person within the meaning of s.5 of the Child Protection (Prohibited Employment) Act 1998?
  2. 2 Does s.579 of the Crimes Act 1900 apply to the offence of carnal knowledge committed by the applicant and prevail over the provisions of s.5 of the Child Protection (Prohibited Employment) Act 1998?
  3. 3 Should the offence of carnal knowledge be disregarded for all purposes including the Child Protection (Prohibited Employment) Act 1998?

Ratio Decidendi

The applicant is not a prohibited person under the Child Protection (Prohibited Employment) Act 1998, as the offence of carnal knowledge must be disregarded due to the operation of s.579 of the Crimes Act 1900; accordingly, the Tribunal has no jurisdiction to consider the application.

Court Disposition

Application declined

Orders

  • The application is declined as the applicant is not a prohibited person in respect of the offence in issue, being the offence of carnal knowledge for which the applicant was found guilty on 11 May 1973.