BE -v- Commission for Children & Young People [2002] NSWADT 89

CITATION: BE -v- Commission for Children & Young People [2002] NSWADT 89 DIVISION: Community Services Division APPLICANT PARTIES: BE RESPONDENT Commisson for Children & Young People FILE NUMBER: 024007 HEARING DATES: 30/05/2002 SUBMISSIONS CLOSED: 05/30/2002 DATE OF DECISION: 06/06/2002

BEFORE: Gormly P - Judicial Member APPLICATION: Declaration that applicant not a prohibited person MATTER FOR DECISION: Principal matter LEGISLATION CITED : Child Protection (Prohibited Employment) Act 1998 CASES CITED: APPLICANT REPRESENTATION: In person RESPONDENT I Bourke, barrister ORDERS: ORDER MADE 30/05/2002; The Child Protection (Prohibited Employment )Act 1998 is not to apply to Mr BE in respect of the offence of "carnal knowledge" of which he was convicted at Parramatta Petty Sessions on 24 March 1966.

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.