V (No. 2) -v- Commission for Children & Young People [2001] NSWADT 199

CITATION: V (No. 2) -v- Commission for Children & Young People [2001] NSWADT 199 DIVISION: Community Services Division APPLICANT PARTIES: V RESPONDENT Commission for Children & Young People FILE NUMBER: 014013 HEARING DATES: 28/06/2001 SUBMISSIONS CLOSED: 08/10/2001 DATE OF DECISION: 11/27/2001

BEFORE: Hennessy N (Deputy President) APPLICATION: Declaration that applicant not a prohibited person MATTER FOR DECISION: Principal matter LEGISLATION CITED : Child Protection (Prohibited Employment) Act 1998 CASES CITED: APPLICANT REPRESENTATION: J Wormington, barrister RESPONDENT P Singleton, barrister ORDERS: 1. That the Child Protection (Prohibited Employment) Act 1998 does not apply to Mr V in respect of the offence of carnal knowledge for which he was convicted on 9 March 1981 subject to the following condition: Mr V not engage in any child-related employment (as defined by the Child Protection (Prohibited Employment) Act 1998) involving females between the ages of 12 and 18 years.; 2. Mr V must notify any existing employers who engage in child related employment, of the terms of this order.

Section 126 of the Administrative Decisions Tribunal Act 1997 applies to this decision. Section 126 provides: (1A) (1) A person must not, except with the consent of the Tribunal, publish or broadcast the name of any person: (a) who appears as a witness before the Tribunal in any proceedings, or (b) to whom any proceedings before the Tribunal relate, or (c) who is mentioned or otherwise involved in any proceedings before the Tribunal, whether before or after the proceedings are disposed of. Maximum penalty: 10 penalty units or imprisonment for 12 months, or both. (2) This section does not prohibit the publication or broadcasting of an official report of the proceedings that includes the name of any person the publication or broadcasting of which would otherwise be prohibited by this section. (3) For the purposes of this section, a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.