AI -v- Commission for Children & Young People [2001] NSWADT 176

CITATION: AI -v- Commission for Children & Young People [2001] NSWADT 176 revised - 01/11/2001 DIVISION: Community Services Division APPLICANT PARTIES: AI RESPONDENT Commission for Children & Young People FILE NUMBER: 014056 HEARING DATES: 12/10/2001 SUBMISSIONS CLOSED: 10/12/2001 DATE OF DECISION: 10/25/2001

BEFORE: Gormly P - Judicial Member APPLICATION: Declaration that applicant not a prohibited person MATTER FOR DECISION: Principal matter LEGISLATION CITED : Child Protection (Prohibited Employment) Act 1998 CASES CITED: APPLICANT REPRESENTATION: In person RESPONDENT S Brennan, solicitor ORDERS: 1. The Child Protection (Prohibited Employment )Act 1998 does not apply to AI in respect of the offence of carnal knowledge of which he was convicted 26 November 1973; 2. The order is not subject to any conditions. Pursuant to s9(10) CP(PE) Act the Tribunal will notify the Commissioner of Police of the terms of this order.

Introduction 1 This is an application for a declaration that the Child Protection (Prohibited Employment) Act 1998 ( the Act ) not apply to AI in respect of the offence of carnal knowledge on 26 November 1973 for which he was convicted at Liverpool District Court 2 AI is employed by the Department of Education to drive disabled children to different places in particular to and from school. He has been employed in that capacity for 4 years. He and his wife are also the Foster carers of a 20 month old boy. 3 S6(1) of the Act makes it an offence for a prohibited person to apply for, undertake or remain in child related employment. 4 On 28 September 2001 the Tribunal stayed the operation of a prohibition under the Act pursuant to s9(6) of the CP(PE) Act pending further determination of the Tribunal.