IE v Commission for Children and Young People [2003] NSWADT 266

CITATION: IE v Commission for Children and Young People [2003] NSWADT 266 DIVISION: Community Services Division APPLICANT PARTIES: IE RESPONDENT Commission for Children and Young People FILE NUMBER: 034042 HEARING DATES: 17/11/03 SUBMISSIONS CLOSED: 12/02/2003 DATE OF DECISION: 12/16/2003

BEFORE: Britton A - Judicial Member APPLICATION: Declaration that applicant not a prohibited person MATTER FOR DECISION: Jurisdiction LEGISLATION CITED : Child Protection (Prohibited Employment) Act 1998 Child Welfare Act 1989 CASES CITED: A v Commissioner for Children and Young People [2000] NSWADT 151 AG v Commission for Children and Young People [2002] NSWSC 582 APPLICANT REPRESENTATION: H Ginges, solicitor RESPONDENT R McIllwaine, solicitor ORDERS: 1 The Applicant is not a prohibited person within the meaning of the Child Protection (Prohibited Employment) Act 1998 and accordingly the Administrative Decisions Tribunal is without jurisdiction to entertain this application.

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. (1) A person must not, except with the consent of the Tribunal, publish or broadcast the name of any person: (a) who appears as a witness before the Tribunal in any proceedings, or (b) to whom any proceedings before the Tribunal relate, or (c) who is mentioned or otherwise involved in any proceedings before the Tribunal, whether before or after the proceedings are disposed of. Maximum penalty: 10 penalty units or imprisonment for 12 months, or both. (2) This section does not prohibit the publication or broadcasting of an official report of the proceedings that includes the name of any person the publication or broadcasting of which would otherwise be prohibited by this section. (3) For the purposes of this section, a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.