TO v Commission for Children and Young People [2007] NSWADT 6

CITATION: TO v Commission for Children and Young People [2007] NSWADT 6

DIVISION: Community Services Division

APPLICANT PARTIES: TO RESPONDENT Commission for Children and Young People

FILE NUMBER: 054051

HEARING DATES: 20/4/2006, 1/05/2006, 20/606/2006, 24/11/2006

SUBMISSIONS CLOSED: 11 December 2006

DATE OF DECISION: 9 January 2007

BEFORE: Smyth M - 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 Applicant's father REPRESENTATION: RESPONDENT Mr Higgins, Barrister T Golding, Barrister (24 November 2006)

ORDERS: It is declared that the Child Protection (Prohibited Employment) Act 1998 is not to apply to TO in respect of the offence of rape and indecent assault on a female for which he was convicted and sentenced in the Supreme Court on 23 February 1982 on condition that he:; 1. (a) provide to the Tribunal and the Respondent within 14 days of the date of these orders a written undertaking that he will not possess or consume cannabis; ; (b) submit to monthly urine analysis testing for cannabis performed by an accredited pathology service of the Applicant's choice for a period of two years from the date of this order. The results of each test must show that the Applicant has not consumed cannabis from the date of these orders; ; (c) arrange for the accredited pathology service to forward the results of the tests referred to in Order 1(b) above to a psychiatrist of the Applicant's choice. TO must consult with that psychiatrist at least on a 6 monthly basis for the purpose of monitoring his test results. The psychiatrist is to be provided with a copy of these orders and the reports written by Dr Allnutt dated 31 January 2006 and 9 April 2006.; 2. must not apply for, commence or remain in any child related employment unless he has commenced compliance with respect to Order 1 (a), (b) and (c) including an initial urine analysis test and consultation with a psychiatrist as specified in (1) (b) and (c) above.; 3. must provide a copy of these orders to any person who employs him in child related employment for a period of two years from the date of this order.; 4. The Registrar of the Tribunal is to serve a copy of these Orders on the Commissioner of Police.