CR v Commission for Children and Young People [2002] NSWADT 155

CITATION: CR v Commission for Children and Young People [2002] NSWADT 155 DIVISION: Community Services Division APPLICANT PARTIES: CR RESPONDENT Commission for Children and Young People FILE NUMBER: 024039 HEARING DATES: 11/07/02 01/08/02 SUBMISSIONS CLOSED: 08/01/2002 DATE OF DECISION: 08/30/2002

BEFORE: Kelly T (Deputy President) 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 Act 1900 AG v NSW Commission for Children and Young People (2001) NSW ADT 163 CASES CITED: A v Commission for Children and Young People (2001) 107 IR 211 Commission for Children and Young People v AG 2002 NSWSC 582 CooperBrooks(Wollongong)Pty Ltd v Commissioner of Taxation 147 CLR 257 Applicant REPRESENTATION: in person Respondent R McIlwaine solicitor ORDERS: 1. The application is declined as the applicant is not a prohibited person in respect of the offence in issue, being the offence of carnal knowledge for which the applicant was found guilty on 21 February 1980.

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, (c) such other proceedings (or class or classes of proceedings) as may be prescribed by the regulations for the purposes of this section.