EC -v- Commission for Children & Young People [2003] NSWADT 65

EC -v- Commission for Children & Young People [2003] NSWADT 65

Given the minor nature of the offence (carnal knowledge at age 17 with a 15-year-old), significant passage of time (no offences or criminal charges for 36 years), positive community involvement, and no opposition from the respondent, the Tribunal found no real or appreciable risk to children and granted the exemption unconditionally.

Parties
Applicant: EC; Respondent: Commission for Children & Young People
Jurisdiction
Australia
Judgment Date
02 April 2003
Procedural Posture
Application for Declaration Under Child Protection (prohibited Employment) Act 1998 / Principal Decision on Application
Outcome
Declaration granted; application allowed
Legal Topics
Prohibited Employment, Serious Sex Offence, Risk to Safety of Children, Tribunal Discretion
Administrative Law Criminal Law Child Protection Prohibited Employment Serious Sex Offence Risk to Safety of Children Tribunal Discretion

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Parties

EC

Applicant

Commission for Children & Young People

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Does EC pose a risk to the safety of children under s.9(5) of the Act?
  2. 2 Should any conditions attach to a possible exemption order?

Ratio Decidendi

Given the minor nature of the offence (carnal knowledge at age 17 with a 15-year-old), significant passage of time (no offences or criminal charges for 36 years), positive community involvement, and no opposition from the respondent, the Tribunal found no real or appreciable risk to children and granted the exemption unconditionally.

Court Disposition

Declaration granted; application allowed

Orders

  • The Tribunal declares that the Child Protection (Prohibited Employment) Act 1988 is not to apply to the applicant in respect of the offence of carnal knowledge for which he was found guilty on 16 July 1963 at Bankstown Children's Court.
  • The Tribunal shall notify the Commissioner of Police of the terms of this order.