CN v Commission for Children and Young People [2002] NSWADT 269

CITATION: CN v Commission for Children and Young People [2002] NSWADT 269 DIVISION: Community Services Division APPLICANT PARTIES: CN RESPONDENT Commission for Children and Young People FILE NUMBER: 024035 HEARING DATES: 29/08/02 SUBMISSIONS CLOSED: 08/29/2002 DATE OF DECISION: 12/18/2002

BEFORE: Kelly T (Deputy President); Gelin B - Member; Bolt M - Member APPLICATION: Declaration that applicant not a prohibited person MATTER FOR DECISION: Principal matter LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Child Protection (Prohibited Employment) Act 1998 AG v Commission for Children and Young People [2001] NSWADT 163 CASES CITED: L v Commission for Children and Young People (2001) NSWIRComm 134 R v Commission for Children and Young People (2002) NSWIRComm 101 Briginshaw v Briginshaw 1938 60 CLR 336 APPLICANT REPRESENTATION: C Chartaris, barrister RESPONDENT V Hartstein, barrister ORDERS: Date of Orders 30 August 2002; The Tribunal declares that the Child Protection (Prohibited Employment) Act is not to apply to the applicant in respect of the offences of aggravated indecent assault and indecent assault committed 18 October 1993 and 10 November 1993 subject to the following conditions:; (a) the applicant shall not consult with or treat any patient who is under 18 years of age in any consulting room in the absence of that patient's parent or guardian unless the parent or guardian is not reasonably available whereupon a staff member of the applicant who is aware of this order must be present.; (b) the applicant shall not participate in the transfer from a trolley to an operating table of any pre-operative patient in any hospital who is under the age of 18 years.; (c) The applicant shall not participate in the transfer from any operating table to any trolley of any post-operative patient in any hospital who is under the age of 18 years.; (d) The applicant shall have no physical contact with any patient who is under the age of 18 years in any hospital other than in the presence of a medical practitioner or member of the nursing staff.; (e) The applicant shall give a copy of this order to the chief executive officer or clinical director of any hospital or medical practice he works in.