IE v Commission for Children and Young People [2003] NSWADT 266

IE v Commission for Children and Young People [2003] NSWADT 266

The applicant is not a prohibited person under the Child Protection Act because the Children's Court did not make a formal finding of guilt or conviction, and Parliament did not intend for such outcomes to be retrospectively treated as convictions for the purposes of the Act.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 December 2003
Procedural Posture
Application for Declaration / Decision
Outcome
Application dismissed for want of jurisdiction.
Legal Topics
["definition of 'conviction'" 'jurisdiction' 'child Protection (prohibited Employment) Act 1998' 'child Welfare Act 1939']
['administrative Law' 'child Protection Law'] ["definition of 'conviction'" 'jurisdiction' 'child Protection (prohibited Employment) Act 1998' 'child Welfare Act 1939']

Source-derived case record

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Procedural Posture

Application for Declaration / Decision

Legal Issues

  1. 1 ["Whether the applicant is a 'prohibited person' under s 5 of the Child Protection (Prohibited Employment) Act 1998" "Whether the Children's Court's 1965 order constitutes a 'conviction' for a serious sex offence as defined by the Act"]

Ratio Decidendi

The applicant is not a prohibited person under the Child Protection Act because the Children's Court did not make a formal finding of guilt or conviction, and Parliament did not intend for such outcomes to be retrospectively treated as convictions for the purposes of the Act.

Court Disposition

Application dismissed for want of jurisdiction.

Orders

  • ['The Applicant is not a prohibited person within the meaning of the Child Protection (Prohibited Employment) Act 1998 and accordingly the Administrative Decisions Tribunal is without jurisdiction to entertain this application.']