LL -v- Commission for Children and Young People [2001] NSWADT 174

LL -v- Commission for Children and Young People [2001] NSWADT 174

Given that the applicant's conviction meets the criteria of s 579 of the Crimes Act 1900, it must be disregarded for all purposes; therefore, the applicant is not a 'prohibited person' and is entitled to work in child-related employment.

Jurisdiction
Australia
Judgment Date
24 October 2001
Procedural Posture
Application for Declaration / Principal Matter; Decision
Outcome
application granted
Legal Topics
['prohibited Employment' 'child Related Employment' 'effect of Spent Convictions']
['administrative Law' 'child Protection'] ['prohibited Employment' 'child Related Employment' 'effect of Spent Convictions']

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Procedural Posture

Application for Declaration / Principal Matter; Decision

Legal Issues

  1. 1 ["Whether s 579 of the Crimes Act 1900 applies to disregard the applicant's conviction for purposes of the Child Protection (Prohibited Employment) Act 1998" "Whether the applicant is a 'prohibited person' under s 5 of the Child Protection (Prohibited Employment) Act 1998"]

Ratio Decidendi

Given that the applicant's conviction meets the criteria of s 579 of the Crimes Act 1900, it must be disregarded for all purposes; therefore, the applicant is not a 'prohibited person' and is entitled to work in child-related employment.

Court Disposition

application granted

Orders

  • ["Mr LL is not a 'prohibited person' as defined in s. 5 of the Child Protection (Prohibited Employment) Act 1998 and is entitled to engage in child-related employment as defined in that Act."]