G and the Commission for Children and Young People [2001] NSWIRComm 258

Industrial Relations Commission of New South Wales

CITATION : G and the Commission for Children and Young People [2001] NSWIRComm 258 APPLICANT G PARTIES : RESPONDENT The Commision for Children and Young People FILE NUMBER: IRC 473 of 2001 CORAM: Marks J CATCHWORDS : Offence of carnal knowledge committed 30 years previously - Circumstances explained - No other relevant evidence - Application granted LEGISLATION CITED : Child Protection (Prohibited Employment) Act 1998 s 9 CASES CITED : G and J and H v The Commission for Children and Young People (2001) NSWIRComm 69 L v Commission for Children and Young People (2001) NSWIRComm 134 HEARING DATES: 10/17/2001 DATE OF JUDGMENT: 10/26/2001

APPLICANT SOLICITOR McDonnell Schroder Mr J Nasr

LEGAL REPRESENTATIVES: RESPONDENT SOLICITOR Crown Solicitor's Office Ms A Johnson

JUDGMENT:

THE INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: MARKS J Friday 26 October 2001

Matter No IRC 473 of 2001 G and the Commission for Children and Young People Application under s 9 of the Child Protection (Prohibited Employment) Act 1998

DECISION

1 The applicant in these proceedings seeks an order from the Commission under s 9 of the Child Protection (Prohibited Employment) Act 1998. The order sought is that the provisions of the Act not apply to him with respect to his conviction for the offence of carnal knowledge at Parramatta Court of Quarter Sessions on 29 June 1970. The applicant was sentenced to imprisonment with hard labour for twelve months which sentence was suspended on him entering into a recognizance to be of good behaviour for a period of three years. The applicant was charged with carnally knowing a girl of the age of twelve years.