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. 2 The offence occurred in either late December 1968 or early January 1969 at a time when the applicant was aged 18. He was camping at a beach with his cousin when he met a girl who was under the age of 16 and with whom he became friendly. 3 The applicant is now aged 50 and has had no subsequent convictions for any offence. He is a teacher employed by TAFE and has been so employed since 1977 as a teacher of fitting and machinery. He teaches male students principally although from time to time there are female students in his class. 4 A number of affidavits were tendered in the proceedings attesting to the applicant's good character and to his teaching work. There is no suggestion that any complaint has ever been made about the applicant or his relationship as a teacher with any student and, to the contrary, he is held in high esteem and is regarded as a person of good character. 5 An affidavit of Yvonne Skinner a Consultant Psychiatrist excludes any psychological disorder. 6 I should add that the applicant has been married since the age of 21 and has two adult sons. As Dr Skinner noted, the offence occurred 32 years ago and there is no evidence of any problem of attitude or behaviour suggesting a risk to young persons. 7 The application was not opposed by the New South Wales Commission for Children and Young People. 8 Having regard to the evidence before me I am satisfied that the applicant does not pose a risk to the safety of children. In reaching this conclusion I have taken into account the offence and the circumstances in which it was committed, the applicant's age at the time, the relative age of the applicant at the time and the person with whom he attempted to have carnal knowledge, his lack of criminal record and the affidavit evidence as to his good character to which I have referred. I have also taken into account the opinion of Dr Skinner. 9 I hereby declare that the Act is not to apply to the applicant in respect to the offence which I have earlier described. I order that the Registrar of this Commission notify the Commissioner of Police of the declaration which I have so made. ________________________ DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.