NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : M & CCYP [2002] NSWIRComm 180 APPLICANT PARTIES : Mr "M" RESPONDENT Commission for Children & Young People FILE NUMBER: IRC 1945 of 2001 CORAM: Harrison DP CATCHWORDS : Application for costs - absence of jurisdiction to order costs - application dismissed. LEGISLATION CITED : Child Protection (Prohibited Employment) Act 1998 Industrial Relations Act 1996 HEARING DATES: 07/25/2002 EXTEMPORE JUDGMENT DATE : 07/31/2002
APPLICANT Mr T Hetherington, Solicitor LEGAL REPRESENTATIVES: of Whitelaw McDonald RESPONDENT Mr J Connors of Counsel
JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Wednesday, 31 July 2002 Matter No IRC 1945 of 2001
M AND THE COMMISSION FOR CHILDREN AND YOUNG PEOPLE
Application under section 9 of the Child Protection (Prohibited Employment) Act 1998
DECISION RE COSTS [2002] NSWIRComm 180
1 A decision was issued in the substantive proceedings of this matter on 6 March 2002 (NSWIRComm 29) which declared that the Child Protection (Prohibited Employment) Act ("CP Act") does not apply to the applicant in respect to two specified offences. The applicant now makes application for costs. 2 The application for costs was subject to proceedings on 25 July 2002. Mr T Hetherington, solicitor of Whitelaw McDonald, appeared on behalf of the applicant. Mr J Connors of Counsel appeared on behalf of the Commission for Children and Young People (CCYP). 3 Mr Hetherington pressed an argument founded on equity and fairness, submitting that the applicant had been put to significant expense and inconvenience in the proceedings, which were ultimately successful for him. 4 The CP Act confers jurisdiction upon this Commission and the Administrative Decisions Tribunal to make orders declaring that the CP Act does not apply to an applicant. The relevant provisions of the CP Act are: 9 IRC and ADT may make declarations concerning prohibited persons (1) On the application of a prohibited person, a relevant tribunal may make an order declaring that this Act is not to apply to the person in respect of a specified offence.
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