HL v Commission for Children and Young People [2008] NSWADT 323

CITATION: HL v Commission for Children and Young People [2008] NSWADT 323

DIVISION: Community Services Division

APPLICANT HL PARTIES: RESPONDENT Commission for Children and Young People

FILE NUMBER: 084017

HEARING DATES: 16 September 2008

SUBMISSIONS CLOSED: 16 September 2008

DATE OF DECISION: 4 December 2008

BEFORE: Smyth M - Judicial Member

CATCHWORDS: Declaration Prohibited Employment

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Child Protection (Prohibited Employment) Act 1998 Commission for Children and Young People Act 1998

RV v Commission for Children and Young People [2007] NSWADT 299 CASES CITED: Commission for Children and Young People v V (2003) 56 NSWLR 476 Commission for Children & Young People v UR [2007] NSWSC 1099)

APPLICANT In Person REPRESENTATION: RESPONDENT G De Courcey, solicitor

ORDERS: The application is dismissed The Applicant may make another application under section 33H or section 33I of the Commission for Children and Young People Act 1998 in respect of the offence of indecent assault for which he was found guilty in the Victorian Magistrates Court on 3 April 2006 at any time following this decision.

REASONS FOR 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.