AB -v- Commission for Children and Young People [2001] NSWADT 170

CITATION: AB -v- Commission for Children and Young People [2001] NSWADT 170 DIVISION: Community Services Division APPLICANT PARTIES: AB RESPONDENT Commission for Children and Young People FILE NUMBER: 014048 HEARING DATES: 25/09/2001 SUBMISSIONS CLOSED: 09/25/2001 DATE OF DECISION: 10/18/2001

BEFORE: Gormly P - 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 CASES CITED: APPLICANT REPRESENTATION: J Peluso, barrister RESPONDENT M Adofaci, advocate ORDERS: The Child Protection (Prohibited Employment) Act 1998 does not apply to AB in respect of the offence of "carnal knowledge of a girl under 16 years" for which he was convicted on 15 June 2001.

Introduction 1 In the Community Services Division of the Tribunal, it is an offence to publish or broadcast the name of any person who is mentioned or otherwise involved in any proceedings before the Tribunal, whether before or after the proceedings are disposed of. (Administrative Decisions Tribunal Act 1997 s 126(1). 2 Although s 126(2) contains an exception in relation to the publication of an official report of the proceedings that includes the name of such a person, we have decided, because of the sensitivity of the information in this case, not to publish the applicant's name and to delete any other information which could lead to his identification. In these reasons we refer to the applicant as "AB." The official copy of the orders provided to the parties includes the name of the applicant. 3 This is an application for a declaration that the Child Protection (Prohibited Employment) Act 1998 (the CP(PE) Act) is not to apply to AB in respect of the offence of carnal knowledge of a girl under 16 years of which he was convicted on 15 June 2001.