VI v Commission for Children and Young People [2006] NSWADT 339

VI v Commission for Children and Young People [2006] NSWADT 339

The applicant did not satisfy the Tribunal, on the Briginshaw standard, that he did not pose a real and appreciable risk to the safety of children. Although the expert assessed the risk of sexual offending against a young person as low, the Tribunal accepted concerns about vulnerable young people in the music industry, the applicant's relationship volatility, loss of judgment under pressure, denial or minimisation of aspects of the index offence, and repeated breaches of trust. Because the applicant had moved interstate, had no current employer, no immediate plans to work with children and no specific proposed employment, conditions could not feasibly be framed to lift him over the risk...

Jurisdiction
Australia
Judgment Date
30 November 2006
Procedural Posture
Application Under S 9(1) of the Child Protection (prohibited Employment) Act 1998 for an Order Declaring That the Applicant Is Not a Prohibited Person in Respect of a Specified Offence / Principal Matter; Decision After Hearing
Outcome
Application dismissed.
Legal Topics
['prohibited Person Declaration' 'risk to Safety of Children' 'unsupervised Work With Children and Young Persons' 'standard of Proof' 'conditions on Declaration']
['administrative Law' 'child Protection' 'employment Screening' 'criminal Law'] ['prohibited Person Declaration' 'risk to Safety of Children' 'unsupervised Work With Children and Young Persons' 'standard of Proof' 'conditions on Declaration']

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Procedural Posture

Application Under S 9(1) of the Child Protection (prohibited Employment) Act 1998 for an Order Declaring That the Applicant Is Not a Prohibited Person in Respect of a Specified Offence / Principal Matter; Decision After Hearing

Legal Issues

  1. 1 ['Whether the applicant proved, on the Briginshaw standard, that he does not pose a real and appreciable risk to the safety of children if allowed to work with them without direct supervision.' 'Whether conditions could be imposed under s 9(9) of the Child Protection (Prohibited Employment) Act 1998 to reduce any risk so that an order could be made.']

Ratio Decidendi

The applicant did not satisfy the Tribunal, on the Briginshaw standard, that he did not pose a real and appreciable risk to the safety of children. Although the expert assessed the risk of sexual offending against a young person as low, the Tribunal accepted concerns about vulnerable young people in the music industry, the applicant's relationship volatility, loss of judgment under pressure, denial or minimisation of aspects of the index offence, and repeated breaches of trust. Because the applicant had moved interstate, had no current employer, no immediate plans to work with children and no specific proposed employment, conditions could not feasibly be framed to lift him over the risk...

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.']