UY v NSW Commission for Children and Young People [2010] NSWADT 283

CITATION: UY v NSW Commission for Children and Young People [2010] NSWADT 283

DIVISION: Community Services Division

APPLICANT UY PARTIES: RESPONDENT NSW Commission for Children and Young People

FILE NUMBER: 104015

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 30 September 2010

DATE OF DECISION: 29 November 2010

BEFORE: Higgins S - Deputy President

CATCHWORDS: Prohibited person – standing to bring application

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Commission for Children and Young People Act 1998 Crimes Act 1900 (NSW) Criminal Code Act 1899 (QLD)

APPLICANT In Person REPRESENTATION: RESPONDENT F Coyne, barrister

ORDERS: The application is dismissed as the applicant has no standing to bring his application.

REASONS FOR DECISION

1 UY has made an application under sub-section 33I (1) of the Commission for Children and Young People Act 1998 (the Act) seeking an order declaring that Division 2 of Part 7 of that Act does not apply to him in regard to an offence (unlawful carnal knowledge), of which he was convicted 32 years ago when he was 19 years of age. UY also made an application under section 33K of the Act seeking an order to stay the operation of a prohibition under Division 2 of Part 7 of the Act pending determination of his application.

2 UY does not dispute that he was convicted of the unlawful carnal offence. He explained to the Tribunal that last year he had applied for a permanent position with his employer of 12 years. He was unsuccessful in his application, but was informed that his security check for the position had revealed his 1978 conviction. UY said he had forgotten about this conviction as it had occurred such a long time ago and he thought it had been spent. UY explained that earlier this year his employer had advised him and other administrative staff that they needed to re-apply for their positions. UY said he had lodged his application for his current position and it was as a result of what he had been advised previously that he lodged his application with the Tribunal.