AS -v- Commission for Children and Young People [2003] NSWADT 42

CITATION: AS -v- Commission for Children and Young People [2003] NSWADT 42 revised - 13/03/2003 DIVISION: Community Services Division APPLICANT PARTIES: AS RESPONDENT Commission for Children and Young People FILE NUMBER: 014066 HEARING DATES: 09/04/2002, 07/11/2002 SUBMISSIONS CLOSED: 11/07/2002 DATE OF DECISION: 03/06/2003

BEFORE: Britton A - Judicial Member APPLICATION: Declaration that applicant not a prohibited person MATTER FOR DECISION: Principal matter LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Child Protection (Prohibited Employment) Act 1998 Commission for Children and Young People v V [2002] NSWSC 949 CASES CITED: R v Commission for Children and Young People [2002] NSWIR Comm 101 G v J & H [2001] NSWIR Comm 69 APPLICANT REPRESENTATION: In applicant RESPONDENT G Moore, barrister ORDERS: ORDERS MADE ON 3 DECEMBER 2002; 1. Pursuant to s 9(1) of the Child Protection (Prohibited Employment) Act 1998 (the Child Protection Act) the Tribunal declares, subject to the conditions set out in Order 2, that the Act does not apply to the offence of "carnally know a female under the age of 16 years" for which the applicant was convicted on 28 May 1969 at East Maitland Quarter Sessions; 2. Pursuant to s 9(9) of the Child Protection Act, the declaration is subject to the following conditions:; (a) That the Applicant not engage in any child related employment other than:; (i)That associated with amateur sporting activities and ; (ii) That which involves the provision of horse riding tours conducted by the Applicant under any contract with the NSW Department of Sport and Recreation Centre ; 3. Copies of these orders to be served on the Commissioner of Police, NSW Police Services.