TZ v Commission for Children and Young People [2006] NSWADT 229

CITATION: TZ v Commission for Children and Young People [2006] NSWADT 229

DIVISION: Community Services Division

APPLICANT PARTIES: TZ RESPONDENT Commission for Children and Young People

FILE NUMBER: 054055

HEARING DATES: 27/03/2006

SUBMISSIONS CLOSED: 03/27/2006

DATE OF DECISION: 08/02/2006

BEFORE: Britton A - Judicial Member

CATCHWORDS: Declaration that applicant not a prohibited person

MATTER FOR DECISION: Principal matter

Child Protection (Offenders Registration) Act 2000 Child Protection (Prohibited Employment) Act 1998 LEGISLATION CITED : Commission for Children and Young People Act 1998 Interpretation Act 1987 Ombudsman Amendment (Child Protection and Community Services Act) 1998

Commission for Children and Young People v V [2002] NSWSC 949 CASES CITED: R v Commission for Children and Young People [2002] NSWIR Comm 101 The Commissioner for Children and Young People v IK and Anor [2005]

APPLICANT C Pieris, agent REPRESENTATION: RESPONDENT M England, barrister

ORDERS: It is declared that the Child Protection (Prohibited Employment) Act 1998 is not to apply to TZ in respect of four counts of attempted rape and five counts of rape for which he was convicted in the Melbourne County Court on 23 March 1974

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.