DP v Commission for Children and Young People [2003] NSWADT 48

DP v Commission for Children and Young People [2003] NSWADT 48

The offence for which Mr DP was convicted in Tasmania would not have amounted to an offence in New South Wales, either at the time or now, and is therefore not a serious sexual offence under the Act. The Tribunal accordingly has no jurisdiction to consider the application.

Parties
Applicant: DP; Respondent: Commission for Children and Young People
Jurisdiction
Australia
Judgment Date
10 March 2003
Procedural Posture
Application for Declaration (tribunal) / Final Decision
Outcome
Application dismissed for lack of jurisdiction
Legal Topics
Prohibited Employment, Serious Sex Offences, Jurisdiction
Administrative Law Child Protection Prohibited Employment Serious Sex Offences Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

DP

Applicant

Commission for Children and Young People

Respondent

Procedural Posture

Application for Declaration (tribunal) / Final Decision

Legal Issues

  1. 1 Is Mr DP a prohibited person within the meaning of s 5 of the Child Protection (Prohibited Employment) Act 1998?
  2. 2 Does Mr DP pose a risk to the safety of children under s 9(5) of the Act?

Ratio Decidendi

The offence for which Mr DP was convicted in Tasmania would not have amounted to an offence in New South Wales, either at the time or now, and is therefore not a serious sexual offence under the Act. The Tribunal accordingly has no jurisdiction to consider the application.

Court Disposition

Application dismissed for lack of jurisdiction

Orders

  • The Tribunal has no jurisdiction: The offence of which the Applicant was convicted (Defilement of a girl under 17 years of age; 7.12.81; Tasmania) is not a serious sexual offence as defined under the Child Protection (Prohibited Employment) Act 1998, ss 5(3)(b) & 5(4).
  • Application is dismissed.