VR v Commission for Children and Young People [2012] NSWADT 83

VR v Commission for Children and Young People [2012] NSWADT 83

The applicant failed to discharge the onus of rebutting the presumption of risk to the safety of children under s 33J(2) of the Commission for Children and Young People Act 1998, given the seriousness of the index offences, persistent denials, concerns about personality and risk management, and greater weight placed on expert evidence showing low to moderate risk. However, conditions may appropriately reduce risk sufficiently to permit relief.

Parties
Applicant: VR; Respondent: Commission for Children and Young People
Jurisdiction
Australia
Judgment Date
04 May 2012
Procedural Posture
Application for Declaratory Relief Under Commission for Children and Young People Act 1998 S33 I / Final Merits Determination After Oral and Expert Evidence
Outcome
Application granted subject to conditions.
Legal Topics
Prohibited Employment, Risk Assessment to Children, Paramountcy of Child Safety, Declaratory Relief, Evidentiary Burden in Statutory Risk
Administrative Law Child Protection Law Prohibited Employment Risk Assessment to Children Paramountcy of Child Safety Declaratory Relief Evidentiary Burden in Statutory Risk

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Parties

VR

Applicant

Commission for Children and Young People

Respondent

Procedural Posture

Application for Declaratory Relief Under Commission for Children and Young People Act 1998 S33 I / Final Merits Determination After Oral and Expert Evidence

Legal Issues

  1. 1 Whether the applicant has discharged the legislative onus to rebut the presumption that he poses a risk to the safety of children under s 33J(2) of the Commission Act.
  2. 2 What conditions, if any, should be imposed on the applicant under s 33I(6) in order to reduce any future risk to children.

Ratio Decidendi

The applicant failed to discharge the onus of rebutting the presumption of risk to the safety of children under s 33J(2) of the Commission for Children and Young People Act 1998, given the seriousness of the index offences, persistent denials, concerns about personality and risk management, and greater weight placed on expert evidence showing low to moderate risk. However, conditions may appropriately reduce risk sufficiently to permit relief.

Court Disposition

Application granted subject to conditions.

Orders

  • It is declared Division 2 of Part 7 of the Commission for Children and Young People Act 1998 does not apply to VR in respect to the offence of indecent assault (s 61L Crimes Act 1900) and two counts of indecent assault person under 16 under authority (s 61E(1A) Crimes Act) subject to the following conditions: (i)...