G (No 3) -v- Commission for Children and Young People [2002] NSWADT 73

CITATION: G (No 3) -v- Commission for Children and Young People [2002] NSWADT 73 DIVISION: Community Services Division APPLICANT PARTIES: G RESPONDENT Commission for Children and Young People FILE NUMBER: 004016 HEARING DATES: 19/11/2001 SUBMISSIONS CLOSED: 11/19/2001 DATE OF DECISION: 05/08/2002

BEFORE: Hennessy N (Deputy President); Gelin B - Member; Norman C - Member APPLICATION: 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 Child Welfare Act 1989 Evidence Act 1995 Commissioner for Children and Young People v G & Anor [2001] NSWSC 534 CASES CITED: Briginshaw v Briginshaw (1938) 60 CLR 336 Australian Broadcasting Tribunal v Bond and Others (1990) 170 CLR 321 Hope v. Bathurst City Council (1980) 144 CLR 1 APPLICANT M Thangaraj, barrister REPRESENTATION:

RESPONDENT M Adofaci, advocate ORDERS: Application dismissed.

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.