"M" and The Commission for Children and Young People [2001] NSWIRComm 110

Industrial Relations Commission of New South Wales

CITATION : "M" and The Commission for Children and Young People [2001] NSWIRComm 110 APPLICANT M PARTIES : RESPONDENT The Commission for Children and Young People FILE NUMBER: IRC4878 of 2000 CORAM: Marks J CATCHWORDS : Child Protection (Prohibited Employment) Act - Application for declaration s 9 - Offence committed when applicant was aged 18, 32 years ago - Positive evidence in applicant's case - Absence of objection to application - Finding made that the applicant does not pose a risk to the safety of children - Declaration and order made LEGISLATION CITED : Child Protection (Prohibited Employment) Act 1998 HEARING DATES: 05/18/2001 DATE OF JUDGMENT: 05/24/2001

APPLICANT SOLICITORS Mr Paul McMahon MacMahon Associates LEGAL REPRESENTATIVES: RESPONDENT SOLICITORS Mr I V Knight Crown Solicitor

JUDGMENT:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: MARKS J Thursday 24 May 2001

Matter No IRC 4878 of 2000 M and The Commission for Children and Young People Application pursuant to s 9 of the Child Protection (Prohibited Employment) Act 1998

DECISION

1 The applicant, known as "M" for the purpose of these proceedings has sought a declaration under s 9 of the Child Protection (Prohibited Employment) Act 1998 ("the Act") that that Act does not apply to him in respect of a conviction on 27 May 1969 for an offence of attempt to carnally know a female under the age of 16. The applicant was bound over to be of good behaviour for a period of two years.