WD v Commission for Children and Young People [2006] NSWADT 278

CITATION: WD v Commission for Children and Young People [2006] NSWADT 278

DIVISION: Community Services Division

APPLICANT PARTIES: WD RESPONDENT Commission for Children and Young People

FILE NUMBER: 064004

HEARING DATES: 17/07/2006

SUBMISSIONS CLOSED: 07/17/2006

EXTEMPORE DECISION DATE: 07/17/2006

DATE OF DECISION: 09/22/2006

BEFORE: Smyth M - Judicial Member

CATCHWORDS: Declaration that applicant not a prohibited person

MATTER FOR DECISION: Principal matter

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Child Protection (Prohibited Employment) Act 1998 Crimes Act 1900

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 Mahony, solicitor

ORDERS: The Child Protection (Prohibited Employment) Act 1998 is not to apply to WD in respect of the offence of indecent assault on a female under the age of 16 years (the then s 76A of the Crimes Act 1900) for which he was convicted on 27 May 1975

Section 126 of the Administrative Decisions Tribunal Act 1997 applies to this decision. Section 126 provides (1A) This section applies only to the following:

(a) proceedings in the Community Services Division of the Tribunal, (b) appeals to an Appeal Panel from a decision made by the Tribunal in the Community Services Division, (b1) proceedings in relation to an external appeal made under section 67A of the Guardianship Act 1987 or section 21A of the Protected Estates Act 1983, (b2) proceedings in relation to a reviewable decision made under the Guardianship Act 1987 or the Protected Estates Act 1983 (c) such other proceedings (or class or classes of proceedings) as may be prescribed by the regulations for the purposes of this section.