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

CITATION: W -v- Commission for Children & Young People [2001] NSWADT 122 DIVISION: Community Services Division APPLICANT W PARTIES: RESPONDENT Commission for Children & Young People FILE NUMBER: 014014 HEARING DATES: 06/07/2001 SUBMISSIONS CLOSED: 07/06/2001 DATE OF DECISION: 07/26/2001

BEFORE: Gormly P - 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: 'A' -v- Commissioner, New South Wales Commission for Children and Young People (2000) NSWADT 151 'V' -v- NSW Commissioner for Children and Young People (2001) NSWADT 96 APPLICANT REPRESENTATION: I McLachlan, barrister RESPONDENT M Adofaci, advocate ORDERS: (1) 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; (2) This order is not subject to any conditions. Pursuant to s9(10) the Tribunal will notify the Commissioner of Police of the terms of this order.

Introduction 1 This is an application for a declaration that the Child Protection (Prohibited Employment) Act 1998 ( the Act ) not apply to Mr W in respect of the offence of carnal knowledge for which he was convicted on 30 September 1964 at Liverpool Children's Court. 2 Mr W is now 51 years old and has always driven buses, coaches and trucks during his working life. He currently drives a bus in his home town. The Applicant says in evidence that this is the only coach company in his home town. This bus is predominantly used by school children. He would also like to obtain some coach work from his current employer. 3 S6(1) of the Act makes it an offence for a prohibited person to apply for, undertake or remain in child related employment. 4 On 12 March 2001 the Tribunal stayed the operation of a prohibition under the Act pursuant to s9(6) of the CP(PE) Act pending further determination of the Tribunal. The stay was made on condition that Mr W not seek any "child related employment" within the meaning of that phrase used by the Act in a paid or voluntary capacity, apart from his employer, and a copy of the orders be served on the General Manager of the coach company.