IK v Commission for Children and Young People [2005] NSWADT 56

IK v Commission for Children and Young People [2005] NSWADT 56

Given the evidence, including the applicant's rehabilitation, absence of subsequent offences, relevant expert and character evidence, and contextual circumstances of the original offences, the Tribunal was comfortably satisfied that the applicant no longer constitutes a real and material risk to children. Consequently, the Child Protection (Prohibited Employment) Act 1998 does not apply to IK in respect to the specified offences.

Parties
Applicant: IK; Respondent: Commission for Children and Young People
Jurisdiction
Australia
Judgment Date
17 March 2005
Procedural Posture
Application for Declaration Under Statute / Final Decision
Outcome
Application granted; declaration made that applicant is not a prohibited person in respect of the specified offences.
Legal Topics
Prohibited Employment, Sexual Offences, Risk Assessment, Authorization for Child Related Employment
Child Protection Administrative Law Prohibited Employment Sexual Offences Risk Assessment Authorization for Child Related Employment

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Parties

IK

Applicant

Commission for Children and Young People

Respondent

Procedural Posture

Application for Declaration Under Statute / Final Decision

Legal Issues

  1. 1 Whether applicant poses a real and material risk to children under the Child Protection (Prohibited Employment) Act 1998 and should be declared not to be a prohibited person in respect of past offences

Ratio Decidendi

Given the evidence, including the applicant's rehabilitation, absence of subsequent offences, relevant expert and character evidence, and contextual circumstances of the original offences, the Tribunal was comfortably satisfied that the applicant no longer constitutes a real and material risk to children. Consequently, the Child Protection (Prohibited Employment) Act 1998 does not apply to IK in respect to the specified offences.

Court Disposition

Application granted; declaration made that applicant is not a prohibited person in respect of the specified offences.

Orders

  • The Child Protection (Prohibited Employment) Act 1998 does not apply to IK in respect to two offences of 'indecent assault male' for which he was convicted on 9 May 1975.