DA v Commission for Children and Young People [2013] NSWADT 158

DA v Commission for Children and Young People [2013] NSWADT 158

The Tribunal was not satisfied, on the material before it, that DA does not pose a risk to the safety of children; due to DA's lack of insight into his offending behaviour and ongoing risk associated with his conduct, his application for an order under s33I of the Commission for Children and Young People Act 1998 was refused.

Jurisdiction
Australia
Judgment Date
11 July 2013
Procedural Posture
Review Application Declaration Pursuant to Commission for Children and Young People Act 1998 S33 I / Final Determination
Outcome
Application refused
Legal Topics
['prohibited Person Status' 'child Related Employment' 'risk Assessment' 'declaration Under Commission for Children and Young People Act' 'serious Sex Offence Definition']

Case Brief

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Procedural Posture

Review Application Declaration Pursuant to Commission for Children and Young People Act 1998 S33 I / Final Determination

  1. 1 ['Whether applicant has discharged the onus that he poses no risk to the safety of children under s33I of the Commission for Children and Young People Act 1998']

Ratio Decidendi

The Tribunal was not satisfied, on the material before it, that DA does not pose a risk to the safety of children; due to DA's lack of insight into his offending behaviour and ongoing risk associated with his conduct, his application for an order under s33I of the Commission for Children and Young People Act 1998 was refused.

Court Disposition

Application refused

Orders

  • ["The applicant's application for an order under s 33I of the Commission for Children and Young People Act 1998 is refused."]