KF v Commission for Children and Young People [2005] NSWADT 48

CITATION: KF v Commission for Children and Young People [2005] NSWADT 48 This decision has been amended. Please see the end of the decision for a list of the amendments. DIVISION: Community Services Division APPLICANT PARTIES: KF RESPONDENT Commission for Children and Young People FILE NUMBER: 044003 HEARING DATES: 19/02/2004, 1/04/2004, 2/06/2004, 26/07/2004 & 18/08/2004 SUBMISSIONS CLOSED: 11/08/2004 DATE OF DECISION: 03/22/2005

BEFORE: Kelly T (Deputy President) APPLICATION: 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 v V [2002] NSWSC 949 FD v Commission for Children and Young People 2003 ADT 261 CASES CITED: HG v Then Queen 1999 197 CLR 414 KP v Commission For Children and Young People 2004 NSWADT 174 R v Commission of Children and Young People [2002] NSWIR Comm 101 APPLICANT REPRESENTATION: D Rayment, barrister RESPONDENT M Higgins, barrister ORDERS: The Child Protection (Prohibited Employment) Act 1998 is not to apply to KF in respect of the offence of indecent assault for which he was convicted on 11 April 2003

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.