"B" v The Commission for Children and Young People [2004] NSWIRComm 63

Industrial Relations Commission of New South Wales

CITATION : "B" v The Commission for Children and Young People [2004] NSWIRComm 63 APPLICANT PARTIES : "Mr B" RESPONDENT The Commission for Children and Young People FILE NUMBER: IRC 7172 of 2003 CORAM: Harrison DP CATCHWORDS : Application under s9 of the Child Protection (Prohibited Employment) Act 1998 - Joint application for stay pursuant to s9(6) of Child Protection Act - Conditions agreed - Conditional stay order supported by evidence and psychological opinion - Suppression of identity of applicant and employer - Proceedings stood over for 12 months - Relist on application of either party. LEGISLATION CITED : Child Protection (Prohibited Employment) Act 1998 Crimes Act 1900 HEARING DATES: 02/05/2004; 03/11/2004 EXTEMPORE JUDGMENT DATE : 03/22/2004

APPLICANT Counsel Mr N Dawson

LEGAL REPRESENTATIVES: RESPONDENT Counsel Ms A Healey Solicitor Ms K Vaisman for Crown Solicitor

JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 22 March 2004 Matter No IRC 7172 of 2003

"B" AND THE COMMISSION FOR CHILDREN AND YOUNG PEOPLE Application under s9 of the Child Protection (Prohibited Employment) Act 1998 INTERIM ORDER [2004]NSWIRComm 63 1 In November 2002 the applicant was convicted of inciting a person under the age of 16 years to commit an act of indecency contrary s 61N of the Crimes Act 1900. On conviction the applicant became a prohibited person pursuant to the Child Protection (Prohibited Employment) Act 1998 ('the Child Protection Act') and makes the present application for an order of exemption pursuant to s 9 of the Child Protection Act. 2 On hearing evidence was received from the applicant, his immediate supervisor, and two psychologists, Dr Siedler and Dr Roland. 3 On conclusion of the evidentiary phase of proceedings the parties made joint application for an interim order in the following terms (exhibit 10): 1. The operation of a prohibition order under the Child Protection (Prohibited Employment) Act 1998 in relation to the sexual offence for which the applicant was convicted, is stayed pending the determination of this matter at a date to be fixed by the Registrar, but not before mid-March 2005.