DCA & The Commission for Children and Young People [2002] NSWIRComm 145

Industrial Relations Commission of New South Wales

CITATION : DCA & The Commission for Children and Young People [2002] NSWIRComm 145 PARTIES : Mr "DCA" The Commission of Children and Young People FILE NUMBER: IRC 1805 of 2002 CORAM: Harrison DP CATCHWORDS : Application for exemption - application unopposed - granted. Crimes Act 1900 LEGISLATION CITED : Child Protection (Prohibited Employment) Act 1998 HEARING DATES: 06/21/2002 EXTEMPORE JUDGMENT DATE : 06/21/2002

APPLICANT Mr G Guthrie, Solicitor LEGAL REPRESENTATIVES: RESPONDENT Ms Ward, Solicitor Crown Solicitor's Office

JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 26 June 2002 Matter No IRC 1805 of 2002

"DCA" AND THE COMMISSION FOR CHILDREN AND YOUNG PEOPLE Application under s9 of the Child Protection (Prohibited Employment) Act 1998 DECISION [2002]NSWIRComm 145 1 This is an application for an order pursuant to s9 of the Child Protection (Prohibited Employment) Act 1998 ('the CP Act') declaring that the CP Act does not apply to the applicant in respect to convictions for carnal knowledge on 7 February 1969. 2 The matter was subject to proceedings on 9 April 2002, resulting in the issue of a Stay pursuant to s9(6) of the CP Act. 3 The substantive proceedings took place on 21 June 2002, subsequent to investigation and consideration of the matter by the Commission for Children & Young People (CCYP). 4 On hearing Mr G Guthrie, Solicitor, represented the applicant. Ms Ward, Solicitor, of the Crown Solicitor's Office represented the CCYP. 5 Mr Guthrie pressed the application for an order of exemption. 6 Ms Ward put that the application was not opposed on merit, however, she had been instructed to draw the Commission's attention to a potential jurisdictional difficulty in that operation of s579 of the Crimes Act 1900 could, subject to the outcome of matters currently on appeal, result in a conclusion that the applicant is not a prohibited person and accordingly not obliged to bring the present application, disrobing the Commission of jurisdiction to deal with it. 7 In the light of this submission, Mr Guthrie maintained his application for and order of exemption. 8 I have been provided with the detail of charge and conviction giving rise to the present applicant, which reveal that the event arose from a youthful romance leading to pregnancy and marriage between the applicant and the other party. I note the lack of objection put by the CCYP. 9 Having considered the necessary issues arising pursuant to s9(5) of the CP Act, I am satisfied that the applicant does not pose any risk whatsoever to the safety of children, and that the order sought is appropriate.