BA -v- Commission for Children and Young People [2002] NSWADT 86

CITATION: BA -v- Commission for Children and Young People [2002] NSWADT 86 DIVISION: Community Services Division APPLICANT PARTIES: BA RESPONDENT Commission for Children and Young People FILE NUMBER: 024003 HEARING DATES: 25/02/2002 SUBMISSIONS CLOSED: 03/04/2002 DATE OF DECISION: 05/27/2002

BEFORE: Kelly T (Deputy President) APPLICATION: Declaration that applicant not a prohibited person - Jurisdiction MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Child Protection (Prohibited Employment) Act 1998 Crimes Act 1900 CASES CITED: APPLICANT REPRESENTATION: J Donnellan, solicitor RESPONDENT A Johnson, solicitor ORDERS: The application is dismissed for lack of jurisdiction.

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.