C v Commission for Children and Young People [2002] NSWIRComm 59

C v Commission for Children and Young People [2002] NSWIRComm 59

The applicant is not in child related employment as there is no situation of unsupervised contact with children. Further, s 579 of the Crimes Act 1900 does not disregard the relevant conviction due to the subsequent PCA conviction within the 15-year period. Accordingly, the Child Protection (Prohibited Employment) Act 1998 does not apply and the matter is dismissed.

Parties
Applicant: Mr C.; Respondent: Commission for Children and Young People
Jurisdiction
Australia
Judgment Date
28 March 2002
Procedural Posture
Application for Exemption / Decision
Outcome
Application dismissed
Legal Topics
Child Protection (prohibited Employment) Act 1998, Exemption Applications, Employment and Criminal History, Child Related Employment
Industrial Law Child Protection (prohibited Employment) Act 1998 Exemption Applications Employment and Criminal History Child Related Employment

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Parties

Mr C.

Applicant

Commission for Children and Young People

Respondent

Procedural Posture

Application for Exemption / Decision

Legal Issues

  1. 1 Whether s 579 of the Crimes Act 1900 operates to disregard the applicant's conviction for purposes of the Child Protection (Prohibited Employment) Act 1998
  2. 2 Whether the applicant is in child related employment within the meaning of the Child Protection (Prohibited Employment) Act 1998

Ratio Decidendi

The applicant is not in child related employment as there is no situation of unsupervised contact with children. Further, s 579 of the Crimes Act 1900 does not disregard the relevant conviction due to the subsequent PCA conviction within the 15-year period. Accordingly, the Child Protection (Prohibited Employment) Act 1998 does not apply and the matter is dismissed.

Court Disposition

Application dismissed

Orders

  • The applicant is not in child related employment and accordingly the Child Protection (Prohibited Employment) Act 1998 does not apply.
  • Matter IRC 4244 of 2001 is concluded.