U -v- Commission for Children & Young People [2002] NSWADT 84

U -v- Commission for Children & Young People [2002] NSWADT 84

The Tribunal, having considered the gravity and circumstances of the applicant's offending, his subsequent insight and rehabilitation as evidenced by expert reports, and his limited risk in the context of his current employment, found that the applicant does not pose a risk to the safety of children if restricted to his existing role, and ordered a conditional exemption from the Act.

Parties
Applicant: U; Respondent: Commission for Children & Young People
Jurisdiction
Australia
Judgment Date
23 May 2002
Procedural Posture
Application for Declaration Under Child Protection (prohibited Employment) Act 1998 / Decision on the Papers
Outcome
Declaration granted subject to conditions.
Legal Topics
Prohibited Employment, Serious Sex Offences, Tribunal Powers, Risk Assessment to Children, Conditional Exclusion From Prohibited Persons List
Administrative Law Child Protection Employment Law Prohibited Employment Serious Sex Offences Tribunal Powers Risk Assessment to Children Conditional Exclusion From Prohibited Persons List

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Parties

U

Applicant

Commission for Children & Young People

Respondent

Procedural Posture

Application for Declaration Under Child Protection (prohibited Employment) Act 1998 / Decision on the Papers

Legal Issues

  1. 1 Whether the applicant, convicted of serious sex offences, poses a risk to the safety of children within the context of his current employment and should be granted a declaration under s 9(1) of the Child Protection (Prohibited Employment) Act 1998 subject to conditions.

Ratio Decidendi

The Tribunal, having considered the gravity and circumstances of the applicant's offending, his subsequent insight and rehabilitation as evidenced by expert reports, and his limited risk in the context of his current employment, found that the applicant does not pose a risk to the safety of children if restricted to his existing role, and ordered a conditional exemption from the Act.

Court Disposition

Declaration granted subject to conditions.

Orders

  • The Child Protection (Prohibited Employment) Act 1998 is not to apply to 'U' in respect of the offences for which he was convicted on 17 May 1996 subject to the condition that he not undertake any child related employment apart from his current substantive position as a driver/library assistant with Campbelltown...
  • A copy of this order to be served upon the Manager, Library Services, Campbelltown City Library Service, Campbelltown City Council and the Commissioner of Police, New South Wales Police Service.