FD v Commission for Children and Young People [2003] NSWADT 261

CITATION: FD v Commission for Children and Young People [2003] NSWADT 261 DIVISION: Community Services Division APPLICANT PARTIES: FD RESPONDENT Commission for Children and Young People FILE NUMBER: 034010 HEARING DATES: 12/06/2003 SUBMISSIONS CLOSED: 06/12/2003 DATE OF DECISION: 12/10/2003

BEFORE: Britton A - Judicial 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 Crimes (Sentencing Procedure) Act 1999 Evidence Act 1995 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 HG v R (1999) 197 CLR 414 APPLICANT REPRESENTATION: In person RESPONDENT K Lapthorn, barrister ORDERS: The Child Protection (Prohibited Employment) Act 1998 does not apply to FD in respect to the offence of "indecent assault of female under 16 years" for which he was convicted on 18 August 1982.

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. (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.