FG v Commission for Children and Young People [2003] NSWADT 103

FG v Commission for Children and Young People [2003] NSWADT 103

The applicant is not a 'prohibited person' as he has not been convicted of a serious sex offence nor is he a registrable person. Therefore, the Tribunal has no jurisdiction to make the declaration sought and the application is dismissed for want of jurisdiction.

Source-derived case information.

Parties
Applicant: FG; Respondent: Commission for Children and Young People
Jurisdiction
Australia
Judgment Date
20 May 2003
Procedural Posture
Application for Declaration (administrative Law) / Final Decision
Outcome
Application dismissed for want of jurisdiction
Legal Topics
Prohibited Employment, Jurisdiction, Serious Sex Offences, Registrable Persons
Administrative Law Child Protection Prohibited Employment Jurisdiction Serious Sex Offences Registrable Persons

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Parties

FG

Applicant

Commission for Children and Young People

Respondent

Procedural Posture

Application for Declaration (administrative Law) / Final Decision

Legal Issues

  1. 1 Whether the applicant is a 'prohibited person' under the Child Protection (Prohibited Employment) Act 1998
  2. 2 Whether the Tribunal has jurisdiction to make the declaration sought

Ratio Decidendi

The applicant is not a 'prohibited person' as he has not been convicted of a serious sex offence nor is he a registrable person. Therefore, the Tribunal has no jurisdiction to make the declaration sought and the application is dismissed for want of jurisdiction.

Court Disposition

Application dismissed for want of jurisdiction

Orders

  • Application dismissed for want of jurisdiction