FZ v Commission for Children and Young People (No 2) [2013] NSWADT 22

FZ v Commission for Children and Young People (No 2) [2013] NSWADT 22

On the balance of evidence, including expert reports and in the absence of corroborated subsequent allegations, the Tribunal was satisfied that FZ had rebutted the presumption of risk and does not pose a risk to the safety of children; thus, the statutory restriction did not apply to him for the index offence.

Jurisdiction
Australia
Judgment Date
30 January 2013
Procedural Posture
Application for Declaration Under the Commission for Children and Young People Act 1998 / Remittal From Court of Appeal, Final Decision on the Papers
Outcome
Declaration granted; statutory prohibition does not apply to applicant for the specified offence.
Legal Topics
['declaration of Non Prohibited Status' 'risk to Safety of Children' 'application of Commission for Children and Young People Act']
['administrative Law' 'community Services' 'child Protection'] ['declaration of Non Prohibited Status' 'risk to Safety of Children' 'application of Commission for Children and Young People Act']

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Procedural Posture

Application for Declaration Under the Commission for Children and Young People Act 1998 / Remittal From Court of Appeal, Final Decision on the Papers

Legal Issues

  1. 1 ['Whether the applicant poses a risk to the safety of children within the meaning of the Commission for Children and Young People Act 1998 s33J(1) in respect of a 1982 conviction for a serious sex offence' 'Whether the statutory presumption of risk is rebutted on the evidence']

Ratio Decidendi

On the balance of evidence, including expert reports and in the absence of corroborated subsequent allegations, the Tribunal was satisfied that FZ had rebutted the presumption of risk and does not pose a risk to the safety of children; thus, the statutory restriction did not apply to him for the index offence.

Court Disposition

Declaration granted; statutory prohibition does not apply to applicant for the specified offence.

Orders

  • ['It is declared that Division 2 of Part 7 the Commission for Children and Young People Act does not apply to FZ in respect of the offence of one count of unlawful sexual intercourse, contrary to s61D of the Crimes Act, 1900 for which he was convicted on 29th September 1982.' 'The Registrar is requested to provide a...