"M" and The Commission for Children and Young People [2001] NSWIRComm 110

"M" and The Commission for Children and Young People [2001] NSWIRComm 110

The applicant does not pose a risk to the safety of children, having regard to the circumstances of the offence, his age at the time, lack of further offences, and positive evidence of good character, therefore the Act does not apply to him for this offence.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 May 2001
Procedural Posture
Application for Declaration / Judgment
Outcome
Declaration granted; order for notification made
Legal Topics
['prohibited Employment' 'declaration Under Child Protection (prohibited Employment) Act 1998' 'risk to Safety of Children']
['industrial Relations' 'child Protection'] ['prohibited Employment' 'declaration Under Child Protection (prohibited Employment) Act 1998' 'risk to Safety of Children']

Source-derived case record

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Procedural Posture

Application for Declaration / Judgment

Legal Issues

  1. 1 ['Whether the Child Protection (Prohibited Employment) Act 1998 applies to the applicant in respect of a conviction from 1969' 'Whether the applicant poses a risk to the safety of children']

Ratio Decidendi

The applicant does not pose a risk to the safety of children, having regard to the circumstances of the offence, his age at the time, lack of further offences, and positive evidence of good character, therefore the Act does not apply to him for this offence.

Court Disposition

Declaration granted; order for notification made

Orders

  • ['It is declared that the Child Protection (Prohibited Employment) Act 1998 does not apply to the applicant in respect of the 1969 offence.' 'The Registrar is ordered to notify the Commissioner of Police of the declaration.']