V (No. 2) -v- Commission for Children & Young People [2001] NSWADT 199

V (No. 2) -v- Commission for Children & Young People [2001] NSWADT 199

The Commission's proposed additional conditions were not justified by the evidence or the Tribunal's findings. The identified risk was addressed by a blanket prohibition on Mr V engaging in child-related employment involving females between 12 and 18 years. His employer needed only to be notified of the terms of the order, not his prior convictions. Further restrictions to particular employment, counselling, monitoring assessments, and a specific order permitting future applications were onerous, unnecessary, or unsupported.

Jurisdiction
Australia
Judgment Date
27 November 2001
Procedural Posture
Application for Declaration That Applicant Not a Prohibited Person / Principal Matter; Decision on Conditions Following Preliminary Decision
Outcome
Declaration made subject to conditions; respondent's proposed additional conditions largely rejected.
Legal Topics
['prohibited Employment' 'child Related Employment' 'conditions on Declaration' 'disclosure to Employer']
['administrative Law' 'child Protection' 'employment Regulation'] ['prohibited Employment' 'child Related Employment' 'conditions on Declaration' 'disclosure to Employer']

Case Brief

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Procedural Posture

Application for Declaration That Applicant Not a Prohibited Person / Principal Matter; Decision on Conditions Following Preliminary Decision

Legal Issues

  1. 1 ['What conditions should be imposed on a declaration that the Child Protection (Prohibited Employment) Act 1998 does not apply to Mr V in respect of his 1981 conviction for carnal knowledge.' "Whether Mr V should be required to notify his soccer club or association of his prior convictions as well as the terms of the Tribunal's order." "Whether Mr V's child-related employment should be limited to coaching, managing or supervising all-male sporting or recreational groups involving his son." 'Whether counselling, therapy, monitoring assessment, or further Tribunal approval conditions should be imposed.']

Ratio Decidendi

The Commission's proposed additional conditions were not justified by the evidence or the Tribunal's findings. The identified risk was addressed by a blanket prohibition on Mr V engaging in child-related employment involving females between 12 and 18 years. His employer needed only to be notified of the terms of the order, not his prior convictions. Further restrictions to particular employment, counselling, monitoring assessments, and a specific order permitting future applications were onerous, unnecessary, or unsupported.

Court Disposition

Declaration made subject to conditions; respondent's proposed additional conditions largely rejected.

Orders

  • ['That the Child Protection (Prohibited Employment) Act 1998 does not apply to Mr V in respect of the offence of carnal knowledge for which he was convicted on 9 March 1981 subject to the following condition: Mr V not engage in any child-related employment (as defined by the Child Protection (Prohibited Employment)...