SJ v Commission for Children and Young People [2006] NSWADT 85

CITATION: SJ v Commission for Children and Young People [2006] NSWADT 85

DIVISION: Community Services Division

APPLICANT PARTIES: SJ RESPONDENT Commission for Children and Young People

FILE NUMBER: 054042

HEARING DATES: 9/09/2005, 23/09/2005 & 1/12/2005

SUBMISSIONS CLOSED: 12/01/2005

DATE OF DECISION: 03/23/2006

BEFORE: Britton A - Judicial Member

CATCHWORDS: Declaration that applicant not a prohibited person

MATTER FOR DECISION: Principal matter

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

CASES CITED: Commission for Children and Young People v V [2002] NSWSC 949

APPLICANT In person (9 September & 23 September 2005) G Moore, barrister (1 December 2005) REPRESENTATION: RESPONDENT D Ward, solicitor (9 September & 23 September 2005) M Higgins, barrister (1 December 2005)

ORDERS: The Child Protection (Prohibited Employment) Act 1998 is not to apply to SJ in respect of the offence of indecent assault for which he was "convicted" (as defined by section 3 of the Act) on 12 July 1989

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, (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.