U -v- Commission for Children & Young People [2002] NSWADT 84

CITATION: U -v- Commission for Children & Young People [2002] NSWADT 84 DIVISION: Community Services Division APPLICANT PARTIES: U RESPONDENT Commision for Children & Young People FILE NUMBER: 014010 HEARING DATES: On the papers SUBMISSIONS CLOSED: 05/14/2002 DATE OF DECISION: 05/23/2002

BEFORE: Britton A - Judicial Member APPLICATION: Declaration that applicant not a prohibited person MATTER FOR DECISION: Principal matter LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Child Protection (Prohibited Employment) Act 1998 CASES CITED: Briginshaw -v- Briginshaw (1938) 60 CLR APPLICANT N Dawson, barrister REPRESENTATION: RESPONDENT I Bourke, barrister ORDERS: 1. The Child Protection (Prohibited Employment) Act 1998 is not to apply to "U" in respect of the offences of sexual intercourse with a child between the ages of 10 and 16 years under his authority, and indecent assault, for which he was convicted on 17 May 1996 subject to the condition that he not undertake any child related employment as defined in the Child Protection (Prohibited Employment) Act 1998, apart from his current substantive position as a driver /library assistant with Campbelltown City Library Service, Campbelltown City Council.; 2. That a copy of this order be served upon the Manager, Library Services, Campbelltown City Library Service, Campbelltown City Council and the Commissioner of Police, New South Wales Police Service.

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: