IH v Commission for Children and Young People [2009] NSWADT 202

IH v Commission for Children and Young People [2009] NSWADT 202

IH did not establish an entitlement to an unconditional declaration because, given his continuing denial of the index offence and the need to proceed on the basis that he committed the offence for which he was convicted, the Tribunal could not exclude the possibility that offending conduct might be repeated in...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
31 July 2009
Procedural Posture
Application to the Administrative Decisions Tribunal for an Order Under the Commission for Children and Young People Act 1998 Declaring That the Act Is Not to Apply to the Applicant in Respect of a Specified Offence / Reasons for Decision and Directions; Matter Set Down for Short Hearing to Determine the Issue of Conditions
Outcome
Further evidence and submissions directed; matter adjourned for short hearing to determine the issue of conditions.
Legal Topics
['prohibited Person Declaration' 'child Related Employment' 'risk to Safety of Children' 'serious Sex Offence' 'conditions on Exemption']
['administrative Law' 'child Protection' 'employment Screening'] ['prohibited Person Declaration' 'child Related Employment' 'risk to Safety of Children' 'serious Sex Offence' 'conditions on Exemption']

Source-derived case record

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Procedural Posture

Application to the Administrative Decisions Tribunal for an Order Under the Commission for Children and Young People Act 1998 Declaring That the Act Is Not to Apply to the Applicant in Respect of a Specified Offence / Reasons for Decision and Directions; Matter Set Down for Short Hearing to Determine the Issue of Conditions

Legal Issues

  1. 1 ['Whether the applicant rebutted the statutory presumption that he poses a risk to the safety of children under s 33J(2) of the Commission for Children and Young People Act 1998' 'Whether an order under s 33I of the Commission for Children and Young People Act 1998 should be made declaring that the Act is not to apply to the applicant in respect of the specified offence' 'Whether conditions could be imposed to reduce any risk posed by the applicant in relation to employment with the Rural Fire Service']

Ratio Decidendi

IH did not establish an entitlement to an unconditional declaration because, given his continuing denial of the index offence and the need to proceed on the basis that he committed the offence for which he was convicted, the Tribunal could not exclude the possibility that offending conduct might be repeated in similar circumstances in some areas of child-related employment. However, because IH sought only to work with the Rural Fire Service and there were favourable factors including the absence of further convictions or credible child-related allegations and expert evidence of low objective risk, the Tribunal considered that conditions might be capable of reducing any risk to one that is...

Court Disposition

Further evidence and submissions directed; matter adjourned for short hearing to determine the issue of conditions.

Orders

  • ['The parties are to file and serve any additional evidence on which they seek to rely in relation to the issue of conditions within 28 days of the date of these Reasons.' 'Matter is set down for short hearing on 8 September 2009 at 10am to determine the issue of conditions.']