NSW Caselaw
CITATION: OX v Commission for Childen and Young People [2006] NSWADT 69
DIVISION: Community Services Division
APPLICANT PARTIES: OX RESPONDENT Commission for Children and Young People
FILE NUMBER: 054010
HEARING DATES: 13/09/2005 & 15/11/2005
SUBMISSIONS CLOSED: 11/15/2005
DATE OF DECISION: 03/08/2006
BEFORE: Smyth M - Judicial Member
CATCHWORDS: Declaration that applicant not a prohibited person
MATTER FOR DECISION: Principal matter
Administrative Decisions Tribunal Act 1997 Child Protection (Prohibited Employment) Act 1998 LEGISLATION CITED : Child Welfare Act 1939 Crimes Act 1900 Public Instruction (Amendment) Act 1916
Commission for Children and Young People v V [2002] NSWSC 949 R v Commission for Children and Young People [2002] NSWIR Comm 101 CASES CITED: A v Commissioner NSW Commission for Children and Young People [2000] NSW ADT 151 Rodway v R (1990) 92 ALR 385 Maxwell v Murphy [1957] HCA 7
APPLICANT T McKenzie, Barrister REPRESENTATION: RESPONDENT M Higgins, Barrister
ORDERS: The Child Protection (Prohibited Employment) Act 1998 is not to apply to OX in respect of the offence of carnal knowledge for which he was convicted on 20 February 1973
Section 126 of the Administrative Decisions Tribunal Act 1997 applies to this decision.
Section 126 provides (1A) This section applies only to the following:
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