RV v Commission for Children and Young People [2007] NSWADT 299

RV v Commission for Children and Young People [2007] NSWADT 299

Although RV has not fully rebutted the statutory presumption of risk for all child-related employment given inconclusive evidence regarding remission of anti-social personality disorder, the Tribunal is satisfied that with conditions restricting employment to his current position and requiring supervision alongside another adult, any risk posed is not real and material. Therefore, a declaration is granted subject to these conditions.

Parties
Applicant: RV; Respondent: Commission for Children and Young People
Jurisdiction
Australia
Judgment Date
19 December 2007
Procedural Posture
Review Application / Principal Matter Decision
Outcome
Declaration granted subject to conditions
Legal Topics
Prohibited Persons, Child Related Employment, Risk to Safety of Children, Application for Exemption
Administrative Law Child Protection Prohibited Persons Child Related Employment Risk to Safety of Children Application for Exemption

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Parties

RV

Applicant

Commission for Children and Young People

Respondent

Procedural Posture

Review Application / Principal Matter Decision

Legal Issues

  1. 1 Whether the applicant RV poses a risk to the safety of children under the applicable statutory test
  2. 2 Whether conditions can reduce any risk to a level where it ceases to be real and material

Ratio Decidendi

Although RV has not fully rebutted the statutory presumption of risk for all child-related employment given inconclusive evidence regarding remission of anti-social personality disorder, the Tribunal is satisfied that with conditions restricting employment to his current position and requiring supervision alongside another adult, any risk posed is not real and material. Therefore, a declaration is granted subject to these conditions.

Court Disposition

Declaration granted subject to conditions

Orders

  • Declarantion that the Commission for Children and Young People Act 1998 does not apply to RV in respect of the rape offence, subject to conditions: (a) RV only undertakes child-related employment as currently employed by NSW Department of Commerce; (b) RV works at all times with another adult; (c) RV provides a copy...
  • Registrar to provide orders to Director General, NSW Department of Commerce.