NC v Commission for Children and Young People [2005] NSWADT 139

NC v Commission for Children and Young People [2005] NSWADT 139

The applicant does not pose a real and appreciable risk to children under s 9(4). Consequently, the Child Protection (Prohibited Employment) Act 1998 is not to apply to NC in respect of the offence of indecent assault for which he was committed to an institution on 30 December 1960.

Jurisdiction
Australia
Judgment Date
23 June 2005
Procedural Posture
Declaration (child Protection/employment) / Final Determination
Outcome
Application allowed
Legal Topics
['prohibited Employment' 'risk Assessment for Child Related Work' 'sexual Offences' 'alcohol Related Offences' 'tribunal Procedure']
['administrative Law' 'child Protection' 'employment Law'] ['prohibited Employment' 'risk Assessment for Child Related Work' 'sexual Offences' 'alcohol Related Offences' 'tribunal Procedure']

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Procedural Posture

Declaration (child Protection/employment) / Final Determination

Legal Issues

  1. 1 ['Whether the applicant poses a risk to the safety of children under s 9(4) Child Protection (Prohibited Employment) Act 1998' 'Whether the Child Protection (Prohibited Employment) Act 1998 should apply to NC in respect of his historical offence']

Ratio Decidendi

The applicant does not pose a real and appreciable risk to children under s 9(4). Consequently, the Child Protection (Prohibited Employment) Act 1998 is not to apply to NC in respect of the offence of indecent assault for which he was committed to an institution on 30 December 1960.

Court Disposition

Application allowed

Orders

  • ['The Child Protection (Prohibited Employment) Act 1998 is not to apply to NC in respect of the offence of indecent assault for which he was committed to an institution on 30 December 1960.']