MR v Commission for Children and Young People [2005] NSWADT 212

CITATION: MR v Commission for Children and Young People [2005] NSWADT 212 DIVISION: Community Services Division APPLICANT PARTIES: MR RESPONDENT Commission for Children and Young People FILE NUMBER: 044017 HEARING DATES: 12/05/2005 & 15/06/2005 SUBMISSIONS CLOSED: 06/15/2005 DATE OF DECISION: 09/26/2005

BEFORE: Kelly T (Deputy President); Smyth M - Judicial Member; Bolt M - Non Judicial Member APPLICATION: Declaration that applicant not a prohibited person MATTER FOR DECISION: Principal matter LEGISLATION CITED : Child Protection (Prohibited Employment) Act 1998 Administrative Decisions Tribunal Act 1997 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 REPRESENTATION: E Pike, Barrister RESPONDENT M Higgins, Barrister ORDERS: (1) It is declared that the Child Protection (Prohibited Employment) Act 1998 is not to apply to MR in respect of the two offences of assault with acts of indecency for which he was convicted in the Sydney District Court on 3 May 2002 on the following conditions ; (i) That MR complies with all conditions flowing from these convictions that are imposed on him from time to time by the NSW Medical Board ; (ii) For such time as MR is under the supervision of the NSW Medical Board and/or the NSW Medical Tribunal in relation to these convictions he is to provide a copy of these orders to any employer who employs him in child related employment; (iii) The Registry is to serve a copy of these orders on the Registrar of the NSW Medical Board within 7 days of this decision.