NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : "M" v Commission for Children and Young People (No. 2) [2004] NSWIRComm 127 APPLICANT "M" PARTIES : RESPONDENT Commission for Children and Young People FILE NUMBER: IRC 250 of 2003 CORAM: Boland J CATCHWORDS : Prohibited employment - "M" a prohibited person under s 5 of the Child Protection (Prohibited Employment) Act - Application under s 9 of Act by "M" that he is not a "prohibited person" - Interlocutory proceedings - Whether certain matters relevant to Commission's consideration as to whether the applicant is a risk to children - Section 138 of the Evidence Act considered - Certain matters found to be not relevant. Child Protection (Prohibited Employment) Act 1998 Child Protection Legislation Amendment Act 2003 LEGISLATION CITED : Commission for Children and Young People Act 1998 Criminal Records Act 1991 Evidence Act 1995 "M" v Commission for Children and Young People (2003) 124 IR 237 A v Commission for Children & Young People (No 2) (2000) 104 IR 119 CASES CITED : Commission for Children and Young Persons v V [2002] NSWSC 949 Hollingsworth v Commissioner of Police (No 2) (1999) 88 IR 282 R v Helmhout [2001] NSWCCA 372 HEARING DATES: 03/31/2004 DATE OF JUDGMENT: 05/24/2004
APPLICANT Ms P F Lowson of counsel Solicitor: Mr P MacMahon MacMahon Associates Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr M Higgins of counsel Solicitor: Ms M Ford Crown Solicitor
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