DCA & The Commission for Children and Young People [2002] NSWIRComm 145

DCA & The Commission for Children and Young People [2002] NSWIRComm 145

After considering the issues required by s9(5) of the Child Protection (Prohibited Employment) Act 1998, the Commission was satisfied that the applicant did not pose any risk whatsoever to the safety of children, and the unopposed order sought was appropriate.

Jurisdiction
Australia
Judgment Date
21 June 2002
Procedural Posture
Application Under S9 of the Child Protection (prohibited Employment) Act 1998 / Decision on Substantive Proceedings After a Stay Under S9(6) of the Child Protection (prohibited Employment) Act 1998
Outcome
Application granted.
Legal Topics
['application for Exemption' 'prohibited Employment' 'convictions for Carnal Knowledge' 'jurisdiction Under the Child Protection (prohibited Employment) Act 1998']
['child Protection' 'employment' 'criminal Law'] ['application for Exemption' 'prohibited Employment' 'convictions for Carnal Knowledge' 'jurisdiction Under the Child Protection (prohibited Employment) Act 1998']

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Procedural Posture

Application Under S9 of the Child Protection (prohibited Employment) Act 1998 / Decision on Substantive Proceedings After a Stay Under S9(6) of the Child Protection (prohibited Employment) Act 1998

Legal Issues

  1. 1 ['Whether an order should be made pursuant to s9 of the Child Protection (Prohibited Employment) Act 1998 declaring that the Act does not apply to the applicant in respect of convictions for carnal knowledge on 7 February 1969.' 'Whether a potential jurisdictional difficulty arose because s579 of the Crimes Act 1900 might mean the applicant was not a prohibited person and was not obliged to bring the application.']

Ratio Decidendi

After considering the issues required by s9(5) of the Child Protection (Prohibited Employment) Act 1998, the Commission was satisfied that the applicant did not pose any risk whatsoever to the safety of children, and the unopposed order sought was appropriate.

Court Disposition

Application granted.

Orders

  • ['Order of exemption pursuant to s9 of the Child Protection (Prohibited Employment) Act 1998 granted.']