FD v Commission for Children and Young People [2003] NSWADT 261

FD v Commission for Children and Young People [2003] NSWADT 261

The Tribunal was satisfied that FD did not pose a real and material risk to children. Although the 1982 indecent assault was serious, it was toward the lower end of sexual offences, occurred once more than 20 years earlier when FD was a relatively young man, and there was no evidence of further sexual, child-related or similar offending. The Tribunal did not accept as sufficiently established the expert diagnosis of hebophilia on which the Respondent's risk case depended, and found that FD demonstrated insight and remorse.

Jurisdiction
Australia
Judgment Date
10 December 2003
Procedural Posture
Application for Declaration That Applicant Not a Prohibited Person Under S 9(1) of the Child Protection (prohibited Employment) Act 1998 / Principal Matter
Outcome
Application granted.
Legal Topics
['prohibited Person Declaration' 'child Related Employment' 'risk to Safety of Children' 'serious Sex Offence' 'expert Psychiatric Evidence']
['administrative Law' 'child Protection' 'employment Law'] ['prohibited Person Declaration' 'child Related Employment' 'risk to Safety of Children' 'serious Sex Offence' 'expert Psychiatric Evidence']

Case Brief

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Procedural Posture

Application for Declaration That Applicant Not a Prohibited Person Under S 9(1) of the Child Protection (prohibited Employment) Act 1998 / Principal Matter

Legal Issues

  1. 1 ['Whether the Applicant poses a real and material risk to the safety of children for the purposes of s 9(4) of the Child Protection (Prohibited Employment) Act 1998.' 'Whether any risk to children could be reduced to no material significance by appropriate conditions.' "Whether the Tribunal should accept Professor Greenberg's diagnosis that the Applicant suffers from hebophilia and therefore poses a low but material risk to children."]

Ratio Decidendi

The Tribunal was satisfied that FD did not pose a real and material risk to children. Although the 1982 indecent assault was serious, it was toward the lower end of sexual offences, occurred once more than 20 years earlier when FD was a relatively young man, and there was no evidence of further sexual, child-related or similar offending. The Tribunal did not accept as sufficiently established the expert diagnosis of hebophilia on which the Respondent's risk case depended, and found that FD demonstrated insight and remorse.

Court Disposition

Application granted.

Orders

  • ['The Child Protection (Prohibited Employment) Act 1998 does not apply to FD in respect to the offence of "indecent assault of female under 16 years" for which he was convicted on 18 August 1982.']