UD v Commission for Children and Young People [2006] NSWADT 194

UD v Commission for Children and Young People [2006] NSWADT 194

The Applicant posed a material risk to pre-pubertal girls, but the alleged risk to post-pubertal children, including 15-year-old TAFE students, was too vague to be probative. Given the absence of further offending over a considerable period, protective factors identified by the expert, the deterrent effect of the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 June 2006
Procedural Posture
Application for an Order Under S 9(1) of the Child Protection (prohibited Employment) Act 1998 Declaring That the Act Is Not to Apply to the Applicant in Respect of Specified Offences / Principal Matter
Outcome
Application granted; declaration made subject to conditions.
Legal Topics
['prohibited Person Declaration' 'child Related Employment' 'serious Sex Offences' 'risk to Safety of Children' 'conditional Orders']
['administrative Law' 'child Protection' 'employment Law'] ['prohibited Person Declaration' 'child Related Employment' 'serious Sex Offences' 'risk to Safety of Children' 'conditional Orders']

Source-derived case record

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Procedural Posture

Application for an Order Under S 9(1) of the Child Protection (prohibited Employment) Act 1998 Declaring That the Act Is Not to Apply to the Applicant in Respect of Specified Offences / Principal Matter

Legal Issues

  1. 1 ['Whether the Applicant poses a real and material risk to children for the purposes of s 9(4) of the Child Protection (Prohibited Employment) Act 1998.' 'Whether any risk posed by the Applicant can be reduced to one of no material significance by the imposition of appropriate conditions.' 'Whether the Applicant should be permitted to apply for, undertake or remain in employment at TAFE as a teacher notwithstanding his prohibited person status.']

Ratio Decidendi

The Applicant posed a material risk to pre-pubertal girls, but the alleged risk to post-pubertal children, including 15-year-old TAFE students, was too vague to be probative. Given the absence of further offending over a considerable period, protective factors identified by the expert, the deterrent effect of the convictions and the conditions imposed, any risk the Applicant may pose to children would be reduced to one of insignificance, so the s 9 declaration should be granted subject to conditions.

Court Disposition

Application granted; declaration made subject to conditions.

Orders

  • ['It is declared that the Child Protection (Prohibited Employment) Act 1998 is not to apply to UD in respect of three counts of the offence of "commit an act of indecency with a person under 16 years" for which he was convicted in the Sydney District Court on 25 February 1987, on conditions.' 'The Applicant not be...