DJ -v- Commission for Children & Young People [2003] NSWADT 67

DJ -v- Commission for Children & Young People [2003] NSWADT 67

The Tribunal was not able to be satisfied that Mr DJ does not presently pose a risk to the safety of children, based on the evidence and submissions, and as required by s 9(4) of the Act. Therefore, the application for a declaration was dismissed.

Parties
Applicant: DJ; Respondent: Commission for Children & Young People
Jurisdiction
Australia
Judgment Date
03 April 2003
Procedural Posture
Application for Declaration Under Child Protection (prohibited Employment) Act 1998 / Principal Matter Decision
Outcome
Application dismissed
Legal Topics
Prohibited Employment, Serious Sex Offences, Risk Assessment for Child Safety
Administrative Law Child Protection Prohibited Employment Serious Sex Offences Risk Assessment for Child Safety

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Parties

DJ

Applicant

Commission for Children & Young People

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether Mr DJ is a prohibited person under the Child Protection (Prohibited Employment) Act 1998
  2. 2 Whether Mr DJ poses a risk to the safety of children for the purposes of section 9(5) of the Act

Ratio Decidendi

The Tribunal was not able to be satisfied that Mr DJ does not presently pose a risk to the safety of children, based on the evidence and submissions, and as required by s 9(4) of the Act. Therefore, the application for a declaration was dismissed.

Court Disposition

Application dismissed

Orders

  • Application is dismissed
  • The applicant is not entitled to make a further application for an order under the Child Protection (Prohibited Employment) Act 1998 until 24 July 2004 in respect of the offences of Sexual Intercourse without Consent and Indecent Assault for which he was found guilty on 21 April 1982 at Central Criminal Court, NSW