The Commissioner for Children and Young People v IK and Anor [2005] NSWSC 1136

The Commissioner for Children and Young People v IK and Anor [2005] NSWSC 1136

The Tribunal did not err in law: it correctly placed the onus on the applicant, fully considered all evidence including both expert and lay testimony, did not deny natural justice by reference to DSM IV, nor reverse or misapply the onus of proof. There was no legal error warranting intervention and the appeal fails.

Jurisdiction
Australia
Judgment Date
10 November 2005
Procedural Posture
Appeal / Judgment on Appeal From the Administrative Decisions Tribunal
Outcome
Appeal dismissed
Legal Topics
['prohibited Employment' 'child Related Employment' 'onus of Proof' 'natural Justice' 'expert Evidence' 'risk Assessment']
['administrative Law' 'child Protection Law'] ['prohibited Employment' 'child Related Employment' 'onus of Proof' 'natural Justice' 'expert Evidence' 'risk Assessment']

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Procedural Posture

Appeal / Judgment on Appeal From the Administrative Decisions Tribunal

Legal Issues

  1. 1 ['Whether the Tribunal erred in law in making an order that the Child Protection (Prohibited Employment) Act 1998 does not apply to the first defendant in respect of two prior offences' 'Whether the Tribunal erred by relying on or misapplying expert evidence' 'Whether there was a denial of natural justice' 'Whether the Tribunal reversed the onus of proof']

Ratio Decidendi

The Tribunal did not err in law: it correctly placed the onus on the applicant, fully considered all evidence including both expert and lay testimony, did not deny natural justice by reference to DSM IV, nor reverse or misapply the onus of proof. There was no legal error warranting intervention and the appeal fails.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed' 'The orders of the Tribunal are confirmed' 'I invite submissions as to costs']