UD v Commission for Children and Young People [2006] NSWADT 194

CITATION: UD v Commission for Children and Young People [2006] NSWADT 194

DIVISION: Community Services Division

APPLICANT PARTIES: UD RESPONDENT Commission for Children and Young People

FILE NUMBER: 054059

HEARING DATES: 24/05/2006

SUBMISSIONS CLOSED: 05/24/2006

DATE OF DECISION: 06/23/2006

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

CASES CITED: Commission for Children and Young People v V [2002] NSWSC 949 R v Commission for Children and Young People [2002] NSWIR Comm 101

APPLICANT I Latham, barrister REPRESENTATION: RESPONDENT N Steele, barrister

ORDERS: It is declared that the Child Protection (Prohibited Employment) Act 1998 is not to apply to UD in respect of three counts of the offence of "commit an act of indecency with a person under 16 years" for which he was convicted in the Sydney District Court on 25 February 1987, on the following conditions:; 1. That the Applicant not be permitted to apply for, undertake or remain in child-related employment that involves girls under the age of 16 years; 2. That the Applicant not be permitted to apply for, undertake or remain in child-related employment that involves boys under the age of 13 years; 3. Notwithstanding Order 1, the Applicant is permitted to apply for, undertake and remain in employment at TAFE as a teacher subject to the following conditions:; i) That he undertake a course of sex offending counselling conducted by a person accredited under the NSW Commission for Children and Young People's Child Sex Offender Counsellor Accreditation Scheme.; ii) That, as recommended by Dr Stephen Allnutt in his report dated 3 October 2003, the Applicant undertake training in 'professional relationships and boundary management'; iii) That any employment with TAFE is supervised, but not necessarily directly supervised, and the relevant supervisor is provided with a copy of these Orders; iv) That the Applicant serve a copy of these orders on the Managing Director of the TAFE Commission in the event that he seeks or obtains employment in TAFE; 4. Leave is granted to the Applicant to apply at any time for these orders to be amended