MQ v Commission for Children and Young People [2004] NSWADT 279

MQ v Commission for Children and Young People [2004] NSWADT 279

On the current evidence, the applicant does not pose a real and appreciable risk to male children, but does to female adolescents. The risk to female children increases in unsupervised situations, though risk may be diminished with counselling. The Tribunal cannot grant an unconditional declaration lifting 'prohibited person' status but may consider conditional orders restricting unsupervised contact with female children. Parties to make further submissions on proposed conditions and Tribunal's power to also grant leave to reapply within a shorter period under s 9(8).

Parties
Applicant: MQ; Respondent: Commission for Children and Young People
Jurisdiction
Australia
Judgment Date
02 December 2004
Procedural Posture
Application for Declaration Under S 9(1) of the Child Protection (prohibited Employment) Act 1998 / Interlocutory – Matter Set Down for Further Hearing and Submissions on Conditions and Leave to Reapply
Outcome
Matter adjourned for further submissions and hearing on conditions and leave to reapply. No final declaration made at this stage.
Legal Topics
Prohibited Employment Declarations, Risk Assessment for Sex Offenders, Supervision of Child Related Employment
Administrative Law Child Protection Law Criminal Law Prohibited Employment Declarations Risk Assessment for Sex Offenders Supervision of Child Related Employment

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Parties

MQ

Applicant

Commission for Children and Young People

Respondent

Procedural Posture

Application for Declaration Under S 9(1) of the Child Protection (prohibited Employment) Act 1998 / Interlocutory – Matter Set Down for Further Hearing and Submissions on Conditions and Leave to Reapply

Legal Issues

  1. 1 Whether the applicant poses a real and appreciable risk to children under s 9(4) of the Child Protection (Prohibited Employment) Act 1998
  2. 2 Whether a conditional order can be made lifting 'prohibited person' status, and on what terms
  3. 3 Whether Tribunal can grant leave to re-apply within five years under s 9(8)

Ratio Decidendi

On the current evidence, the applicant does not pose a real and appreciable risk to male children, but does to female adolescents. The risk to female children increases in unsupervised situations, though risk may be diminished with counselling. The Tribunal cannot grant an unconditional declaration lifting 'prohibited person' status but may consider conditional orders restricting unsupervised contact with female children. Parties to make further submissions on proposed conditions and Tribunal's power to also grant leave to reapply within a shorter period under s 9(8).

Court Disposition

Matter adjourned for further submissions and hearing on conditions and leave to reapply. No final declaration made at this stage.

Orders

  • The matter to be set down for a further short hearing at a date to be fixed by the Registrar to hear submissions from the parties on the issue of conditions and the granting of leave to make a new application.
  • The parties may also put on written submissions on the issue of conditions and the granting of leave to make a new application. Such submissions are to be filed and exchanged no later than 7 days before that hearing.