DP v Commission for Children and Young People [2003] NSWADT 48

CITATION: DP v Commission for Children and Young People [2003] NSWADT 48 DIVISION: Community Services Division APPLICANT PARTIES: DP RESPONDENT Commission for Children and Young People FILE NUMBER: 024063 HEARING DATES: 19 November 2002 & 24 January 2003 SUBMISSIONS CLOSED: 01/24/2003 DATE OF DECISION: 03/10/2003

BEFORE: Gelin B - Member APPLICATION: Declaration that applicant not a prohibited person - Jurisdiction MATTER FOR DECISION: Jurisdiction Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Child Protection (Prohibited Employment) Act 1998 Crimes Act 1900 CASES CITED: APPLICANT in person REPRESENTATION:

RESPONDENT R Mcllwaine, solicitor ORDERS: Orders made on 24 January 2004; 1 The Tribunal has no jurisdiction The offence of which the Applicant was convicted (Deffilement of a girl under 17 years of age; 7.12. 81; Tasmania) is not a serious sexual offence as defined under the Child Protection ( Prohibited Employment) Act 1998, ss5(3)(b) & 5(4); 2 Application dismissed.

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.