GY v Commission for Children and Young People (No. 2) [2004] NSWADT 293

CITATION: GY v Commission for Children and Young People (No. 2) [2004] NSWADT 293 DIVISION: Community Services Division APPLICANT PARTIES: GY RESPONDENT Commission for Children and Young People FILE NUMBER: 034030 HEARING DATES: 20/09/2004 SUBMISSIONS CLOSED: 10/11/2004 DATE OF DECISION: 12/17/2004

BEFORE: Britton A - Judicial Member APPLICATION: Declaration that applicant not a prohibited person MATTER FOR DECISION: Orders LEGISLATION CITED : Child Protection (Prohibited Employment) Act 1998 CASES CITED: GY v Commission for Children and Young People [2004] NSWADT 123 APPLICANT REPRESENTATION: In person RESPONDENT P Singleton, barrister ORDERS: (I) It is declared that the Child Protection (Prohibited Employment) Act 1998 is not to apply to GY in respect of the offence of indecent assault on a child under 16 years of age, for which he was convicted on 7 May 1984 in the District Court at Sydney, on the following conditions: 1. He is not to seek, apply for or undertake any child related employment (as defined in s 3 of the Child Protection (Prohibited Employment) Act 1998) except teaching and associated work at an educational institution; 2. He is not to teach or undertake any work that brings him into contact with any girl under the age of 18 years; 3. He is to provide a copy of these Orders to any employer who or which employs him in child related employment and he is not to commence or continue the employment unless the employer agrees to designate the supervisor mentioned in Condition 4 and to have a supervisor receive the logs mentioned, in Condition 5; 4. He is in the course of any child related employment to subject himself to supervision by a supervisor designated by his employer; 5. He is each day in the course of any child related employment to submit to a supervisor designated by his employer a log recording: (a) any classes or lessons taught that day and the times and locations at which they were taught (b) any private consultations with students that day and the times and locations at which those consultations occurred; 6. He is not to commence any child related employment unless he has within a month before commencing that employment received counselling from a psychologist or psychiatrist (being a psychologist or psychiatrist accredited pursuant to the Child Sex Offender Accreditation Scheme established and administered by the Commission for Children and Young People) to whom he has provided a copy of these Orders and copies of the reports written about him by Dr Stephen Allnutt dated 6 October and 5 November 2003; 7. He is not to continue any child related employment unless for the duration of that employment he receives counselling at least once per month from a psychologist or psychiatrist (being a psychologist or psychiatrist accredited pursuant to the Child Sex Offender Accreditation Scheme established and administered by the Commission for Children and Young People) to whom he has provided a copy of these Orders and copies of the reports written about him by Dr Stephen Allnutt dated 6 October and 5 November 2003; (II) The Registrar of the Tribunal is to serve a copy of these orders on the Director-General of the Department of Education and Training.