CT v Commission for Children and Young People [2003] NSWADT 61

CT v Commission for Children and Young People [2003] NSWADT 61

The applicant has satisfied the Tribunal that, considering all relevant circumstances including the isolated nature of the offence, time elapsed, evidence of rehabilitation, stable personal circumstances, and willingness to undergo further assessment or counselling, he presents no material risk to the safety of children in his proposed employment roles, subject to suitable conditions to be determined.

Parties
Applicant: CT; Respondent: Commission for Children and Young People
Jurisdiction
Australia
Judgment Date
24 March 2003
Procedural Posture
Application for Declaration Under Child Protection (prohibited Employment) Act 1998 / Principal Matter; Orders Pending Final Conditions
Outcome
Direction for exchange of submissions on suitable conditions before making final orders; declaration not yet made final.
Legal Topics
Prohibited Employment Declarations, Risk Assessment for Child Safety, Conditions on Employment Eligibility
Child Protection Employment Law Administrative Law Prohibited Employment Declarations Risk Assessment for Child Safety Conditions on Employment Eligibility

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Parties

CT

Applicant

Commission for Children and Young People

Respondent

Procedural Posture

Application for Declaration Under Child Protection (prohibited Employment) Act 1998 / Principal Matter; Orders Pending Final Conditions

Legal Issues

  1. 1 Whether the applicant poses a material or unacceptable risk to the safety of children
  2. 2 Whether risk can be mitigated to insignificance or immateriality by the imposition of conditions

Ratio Decidendi

The applicant has satisfied the Tribunal that, considering all relevant circumstances including the isolated nature of the offence, time elapsed, evidence of rehabilitation, stable personal circumstances, and willingness to undergo further assessment or counselling, he presents no material risk to the safety of children in his proposed employment roles, subject to suitable conditions to be determined.

Court Disposition

Direction for exchange of submissions on suitable conditions before making final orders; declaration not yet made final.

Orders

  • The parties exchange and serve submissions on the issue of suitable conditions within seven days of the date of these reasons.
  • Any submissions in reply be exchanged no later than 14 days from the date of these reasons.