EQ -v- Commission for Children & Young People [2003] NSWADT 123

EQ -v- Commission for Children & Young People [2003] NSWADT 123

The Tribunal was not comfortably satisfied, on the Briginshaw standard, that the applicant does not pose a real and material risk to children, given the seriousness of the index offence, lack of insight or rehabilitation, and expert evidence. Thus, the application for a declaration was dismissed.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
26 May 2003
Procedural Posture
Application for Declaration Under Statute / Final Determination
Outcome
application dismissed
Legal Topics
['prohibited Employment' 'risk Assessment' 'criminal Record Relevance' 'conditions on Declarations']
['administrative Law' 'child Protection'] ['prohibited Employment' 'risk Assessment' 'criminal Record Relevance' 'conditions on Declarations']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application for Declaration Under Statute / Final Determination

Legal Issues

  1. 1 ['Whether the applicant poses a real and material risk to children for the purpose of s 9(4) of the Child Protection (Prohibited Employment) Act 1998.' 'Whether an order allowing the applicant to work in child-related employment can be made, with or without conditions.']

Ratio Decidendi

The Tribunal was not comfortably satisfied, on the Briginshaw standard, that the applicant does not pose a real and material risk to children, given the seriousness of the index offence, lack of insight or rehabilitation, and expert evidence. Thus, the application for a declaration was dismissed.

Court Disposition

application dismissed

Orders

  • ['Application is dismissed' "Applicant may make further application for an order under s 9(1) of the Child Protection (Prohibited Employment) Act 1998 at any time following the date of this decision but only in respect of voluntary employment at C's school" 'A copy of these orders to be served on the Commissioner of...