ES v Commission for Children and Young People [2004] NSWADT 33

CITATION: ES v Commission for Children and Young People [2004] NSWADT 33 DIVISION: Community Services Division APPLICANT PARTIES: ES RESPONDENT Commission for Children and Young People FILE NUMBER: 034004 HEARING DATES: 18/03/2003, 1/04/2003 SUBMISSIONS CLOSED: 04/01/2003 DATE OF DECISION: 02/16/2004

BEFORE: Britton A - 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: Commission for Children and Young People v V [2002] NSWSC 949 R v Commission for Children and Young People [2002] NSWIR Comm 101 APPLICANT In Person REPRESENTATION: RESPONDENT G Moore (18/03/2003) K Lapthorn (1 April 2003) ORDERS: ORDERS MADE: 1 April 2003; The Tribunal declares that the Child Protection (Prohibited Employment) Act 1998 is not to apply to the applicant in respect of the offences of indecent assault on a child under 16 years by person in authority, for which he was convicted on 29 May 1992 at Parramatta District Court, on the following conditions:; 1. That this declaration only applies in respect of Mr ES's employment as a bus driver;; 2. That a copy of this Order be served on Mr John Stott, Chief Executive Officer, New South Wales Transit Authority;; 3. That leave be granted to the applicant to make further application under section 9(8) of the Child Protection (Prohibited Employment) Act 1998 at any time.