W -v- Commission for Children & Young People [2001] NSWADT 122

W -v- Commission for Children & Young People [2001] NSWADT 122

Mr W had been convicted of a serious sex offence for the purposes of the Act, but after considering the statutory factors, his age and the victims' ages at the 1964 offence, his criminal record, the expert reports, and the evidence as a whole, the Tribunal was satisfied that he posed no threat to children generally or to particular types of children. The Tribunal therefore made an order declaring that the Act did not apply to him in respect of the 1964 carnal knowledge offence and refused to impose conditions.

Jurisdiction
Australia
Judgment Date
26 July 2001
Procedural Posture
Application for a Declaration That the Applicant Is Not a Prohibited Person Under the Child Protection (prohibited Employment) Act 1998 / Principal Matter
Outcome
Application granted; declaration made without conditions.
Legal Topics
['prohibited Person Declaration' 'child Related Employment' 'serious Sex Offence' 'risk to the Safety of Children' 'conditions on Order']
['administrative Law' 'child Protection' 'employment Law'] ['prohibited Person Declaration' 'child Related Employment' 'serious Sex Offence' 'risk to the Safety of Children' 'conditions on Order']

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Procedural Posture

Application for a Declaration That the Applicant Is Not a Prohibited Person Under the Child Protection (prohibited Employment) Act 1998 / Principal Matter

Legal Issues

  1. 1 ['Whether Mr W had been convicted of a serious sex offence within the meaning of the Child Protection (Prohibited Employment) Act 1998.' 'Whether the Tribunal should make an order under s9 declaring that the Act does not apply to Mr W in respect of the 1964 carnal knowledge offence.' 'Whether Mr W poses a risk to the safety of children.' 'Whether any order should be subject to conditions.']

Ratio Decidendi

Mr W had been convicted of a serious sex offence for the purposes of the Act, but after considering the statutory factors, his age and the victims' ages at the 1964 offence, his criminal record, the expert reports, and the evidence as a whole, the Tribunal was satisfied that he posed no threat to children generally or to particular types of children. The Tribunal therefore made an order declaring that the Act did not apply to him in respect of the 1964 carnal knowledge offence and refused to impose conditions.

Court Disposition

Application granted; declaration made without conditions.

Orders

  • ['An order declaring that the Child Protection (Prohibited Employment)Act 1998 does not apply to Mr W in respect of the offence of "carnal knowledge" of which he was convicted 30 September 1964.' 'This order is not subject to any conditions. Pursuant to s9(10) the Tribunal will notify the Commissioner of Police of...