DR v Commission for Children and Young People [2008] NSWADT 137

DR v Commission for Children and Young People [2008] NSWADT 137

The applicant is not entitled to make a review application as the conviction falls within 'similar offence' provisions of s33G(1), and the age difference between applicant and victim exceeded three years, so s33G(2) does not apply.

Parties
Applicant: DR; Respondent: Commission for Children and Young People
Jurisdiction
Australia
Judgment Date
13 May 2008
Procedural Posture
Preliminary Matter / Preliminary Determination on Entitlement to Make Review Application
Outcome
Application dismissed for want of jurisdiction; applicant not entitled to make review application.
Legal Topics
Entitlement to Make Review Application, Prohibited Person Status, Child Related Employment
Administrative Law Criminal Law Entitlement to Make Review Application Prohibited Person Status Child Related Employment

Case Brief

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Parties

DR

Applicant

Commission for Children and Young People

Respondent

Procedural Posture

Preliminary Matter / Preliminary Determination on Entitlement to Make Review Application

Legal Issues

  1. 1 Whether the applicant is entitled to make a review application under the Commission for Children and Young People Act 1998 given previous conviction
  2. 2 Whether the offence for which applicant was convicted is a 'similar offence' under s33G(1) of the Act
  3. 3 Whether the exception in s33G(2) applies to the applicant

Ratio Decidendi

The applicant is not entitled to make a review application as the conviction falls within 'similar offence' provisions of s33G(1), and the age difference between applicant and victim exceeded three years, so s33G(2) does not apply.

Court Disposition

Application dismissed for want of jurisdiction; applicant not entitled to make review application.

Orders

  • By the operation of section 33G of the Commission for Children and Young People Act 1998 the applicant is not entitled to make a review application under that Act.