MQ v Commission for Children and Young People (No 2) [2005] NSWADT 184

CITATION: MQ v Commission for Children and Young People (No 2) [2005] NSWADT 184 DIVISION: Community Services Division APPLICANT PARTIES: MQ RESPONDENT Commission for Children and Young People FILE NUMBER: 044015 HEARING DATES: 14/10/2004, 17/03/2005, 24/03/2005 SUBMISSIONS CLOSED: 03/24/2005 DATE OF DECISION: 08/09/2005

BEFORE: Smyth M - Judicial Member APPLICATION: Declaration that applicant not a prohibited person MATTER FOR DECISION: Principal matter LEGISLATION CITED : Child Protection (Prohibited Employment) Act 1998 CASES CITED: MQ v Commission for Children and Young People [2004] NSWADT 279 APPLICANT REPRESENTATION: In person RESPONDENT P Singleton, barrister ORDERS: It is declared that the Child Protection (Prohibited Employment) Act 1998 is not to apply to MQ in respect of the offences of carnal knowledge on a child of 15 years for which he was convicted in the Campsie Local Court on 17 July 1978 and of two counts of carnal knowledge with a child of 13 years for which he was convicted in the Sydney District Court on 27 May 1980, on the following conditions: (i) He is not to seek, apply for or undertake any child related employment (as defined in s 3 of the Child Protection (Prohibited Employment) Act 1998) that will bring him into direct contact with any girl under 18 years (ii) He is to provide a copy of these Orders to any employer who employs him in child related employment.

Section 126 of the Administrative Decisions Tribunal Act 1997 applies to this decision. Section 126 provides: (1A) This section applies only to the following: