"M" v The Commission for Children and Young People [2002] NSWIRComm 29

Industrial Relations Commission of New South Wales

CITATION : "M" v The Commission for Children and Young People [2002] NSWIRComm 29 PARTIES : Mr M. The Commission for Children and Young People FILE NUMBER: IRC 1945 of 2001 CORAM: Harrison DP CATCHWORDS : Application under s9 of the Child Protections (Prohibited Employment Act) 1998 for order - offences 30 years ago - evidence of Post Traumatic Stress Disorder at time of offences - psychological assessments, no risk - absence of further incidents - positive contribution to society in 30 years post offences - no evidence to support allegation of false disclosure - order issued LEGISLATION CITED : Child Protection (Prohibited Employment) Act 1998 HEARING DATES: 09/19/2001; 11/16/2001 DATE OF JUDGMENT: 03/06/2002

APPLICANT Mr S Austin of Counsel Instructed by Mr T Hetherington, Solicitor of Whitelaw McDonald Solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr J Connors of Counsel Instructed by the Crown Solicitors Office, New South Wales

JUDGMENT: - 32 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Wednesday, 6 March 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 [2002] NSWIRComm 29

1 This is an application for an order pursuant to s9(1) of the Child Protection (Prohibited Employment) Act 1998 ('the CP Act') declaring that the Act is not to apply to the applicant in respect to the specified offences.