RV v Commission for Children and Young People [2007] NSWADT 299

CITATION: RV v Commission for Children and Young People [2007] NSWADT 299

DIVISION: Community Services Division

APPLICANT RV PARTIES: RESPONDENT Commission for Children and Young People

FILE NUMBER: 054039

HEARING DATES: 23 May 2007, 12 and 14 June 2007

SUBMISSIONS CLOSED: 6 July 2007

DATE OF DECISION: 19 December 2007

BEFORE: Britton A - Deputy President

CATCHWORDS: Declaration that applicant not a prohibited person

MATTER FOR DECISION: Principal matter

Commission for Children and Young People Act 1998 LEGISLATION CITED : Commission for Children and Young People Amendment Act 1998 Child Protection (Offenders Registration) Act 2000 Child Protection (Prohibited Employment) Act 1998

Commission for Children & Young People v UR [2007] NSWSC 1099 Commission for Children and Young People v V (2002) 56 NSWLR 476; [2002] NSWSC 949 CASES CITED: R v Commission for Children and Young People [2002] NSWIR Comm 101 TZ v Commission for Children and Young People [2006] NSWADT 229 ZM v Commission for Children and Young People [2007] NSWADT 148

A Tibby, barrister REPRESENTATION:

M Higgins, barrister

ORDERS: 1. It is declared that the Commission for Children and Young People Act 1998 is not to apply to RV in respect of the offence of rape for which he was convicted in the Central Criminal Court in Sydney on 31 May 1976, subject to the following conditions:; a. That he not apply for, undertake or remain in 'child-related employment' as defined by section 33(1) of the Commission for Children and Young People Act 1998, other than that which he currently undertakes in the course of his employment with the NSW Department of Commerce;; b. That in the course of the employment referred to in paragraph (a) above he work at all times in the company of another adult;; c. That RV provide a copy of these orders to his immediate supervisor.; 2. The Registrar is requested to provide a copy of these orders to the Director General, NSW Department of Commerce.