MA v Commission for Children and Young People [2009] NSWADT 167

MA v Commission for Children and Young People [2009] NSWADT 167

Although the index offence was serious, premeditated and violent, it was committed when MA was 17, it was her only conviction, there was no evidence of further offending or complaints, she had conscientiously rehabilitated herself, and expert evidence indicated no ongoing pattern of risk behaviour even in social...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 June 2009
Procedural Posture
Application for an Order Under S 33 I of 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 / Decision on Application
Outcome
Application granted.
Legal Topics
['prohibited Person' 'child Related Employment' 'risk to Safety of Children' 'serious Sex Offence' 'declaration That Act Not Apply']
['administrative Law' 'child Protection'] ['prohibited Person' 'child Related Employment' 'risk to Safety of Children' 'serious Sex Offence' 'declaration That Act Not Apply']

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Procedural Posture

Application for an Order Under S 33 I of 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 / Decision on Application

Legal Issues

  1. 1 ['Whether the Tribunal should make an order under s 33I declaring that the Commission for Children and Young People Act 1998 is not to apply to MA in respect of the specified offence.' 'Whether MA rebutted the statutory presumption that she poses a risk to the safety of children.']

Ratio Decidendi

Although the index offence was serious, premeditated and violent, it was committed when MA was 17, it was her only conviction, there was no evidence of further offending or complaints, she had conscientiously rehabilitated herself, and expert evidence indicated no ongoing pattern of risk behaviour even in social work involving vulnerable young people. The Tribunal was comfortably satisfied that MA rebutted the statutory presumption that she poses a risk to the safety of children, so the application should be granted.

Court Disposition

Application granted.

Orders

  • ["It is declared that the Commission for Children and Young People Act 1998 is not to apply to MA in respect of the charge of 'Detain for advantage in company inflicting actual bodily harm' for which she was convicted in the Parramatta District Court on 20 February 2004."]