GvJ&H [2001] NSWIRComm 69

GvJ&H [2001] NSWIRComm 69

The Commission found that, notwithstanding the seriousness of the applicant's juvenile offence, his subsequent 39-year unblemished record, community service and expressions of remorse showed he does not pose a risk to the safety of children; accordingly, the Act is not to apply to him in respect of the offence.

Parties
Applicant: G; First Respondent: J; Second Respondent: H
Jurisdiction
Australia
Judgment Date
11 April 2001
Procedural Posture
Application for Declaration Under S9 Child Protection (prohibited Employment) Act 1998 / Final Decision
Outcome
Application granted
Legal Topics
Prohibited Employment, Employment Screening, Spent Convictions, Serious Sex Offence, Juvenile Convictions
Industrial Relations Child Protection Criminal Law Prohibited Employment Employment Screening Spent Convictions Serious Sex Offence Juvenile Convictions

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Parties

G

Applicant

J

First Respondent

H

Second Respondent

Procedural Posture

Application for Declaration Under S9 Child Protection (prohibited Employment) Act 1998 / Final Decision

Legal Issues

  1. 1 Whether applicant is a prohibited person under the Child Protection (Prohibited Employment) Act 1998
  2. 2 Whether applicant's conviction should be exempt from the Act by Commission order under s9
  3. 3 Whether applicant poses a risk to the safety of children

Ratio Decidendi

The Commission found that, notwithstanding the seriousness of the applicant's juvenile offence, his subsequent 39-year unblemished record, community service and expressions of remorse showed he does not pose a risk to the safety of children; accordingly, the Act is not to apply to him in respect of the offence.

Court Disposition

Application granted

Orders

  • The Child Protection (Prohibited Employment) Act 1998 is not to apply to the applicant in respect of the specified offence of indecent assault on an 8 year old child in 1961.
  • The Commissioner of Police is to be notified of the terms of the above declaration and order.