K -v- Commission for Children and Young People [2002] NSWADT 74

CITATION: K -v- Commission for Children and Young People [2002] NSWADT 74 DIVISION: Community Services Division APPLICANT PARTIES: K RESPONDENT Commission for Children and Young People FILE NUMBER: 004019 HEARING DATES: 23/11/2001, 26/02/2002, 27/02/2002, 28/02/2002 SUBMISSIONS CLOSED: 02/28/2002 DATE OF DECISION: 05/08/2002

BEFORE: Hennessy N (Deputy President); Gelin B - Member; Monoghan-Nagle L - Member APPLICATION: Declaration that applicant not a prohibited person MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Child Protection (Prohibited Employment) Act 1998 Child Welfare Act 1989 Evidence Act 1995 United Bonded Fabrics Pty Ltd v Roseman [2000] NSWADTAP 13 Re Saverio Barbaro and Minister for Immigration and Ethnic Affairs (1980) 3 ALD CASES CITED: Roberts v Balancio (1987) 8 NSWLR 436 R v McLean [1978] 2 NZLR 358 Jennings v Police 1965 NZLR 382 R v Anderson [1978] 2 NZLR 363 APPLICANT REPRESENTATION: A Amer, barrister RESPONDENT I Bourke, barrister ORDERS: The Child Protection (Prohibited Employment) Act 1998 is not to apply to Mr K in respect of the offence of indecent assault for which he was convicted on 26 July 1966.

Section 126 of the Administrative Decisions Tribunal Act 1997 applies to this decision. Section 126 provides (1A) … (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.