"M" v Commission for Children and Young People [2003] NSWIRComm 80

Industrial Relations Commission of New South Wales

CITATION : "M" v Commission for Children and Young People [2003] NSWIRComm 80 APPLICANT "M" PARTIES : RESPONDENT Commission for Children and Young People FILE NUMBER: IRC 250 of 2003 CORAM: Boland J Prohibited employment - Application under section 9(6) of the Child Protection (Prohibited Employment) Act 1998 for order staying the operation of a prohibition - Applicant convicted of two counts of indecent assault against adult females in 1981 - Recent allegations of improper conduct - Tests for determining whether stay should be granted - Application refused CATCHWORDS : Practice and Procedure - Application under section 9(6) of the Child Protection (Prohibited Employment) Act 1998 for order staying the operation of a prohibition - Applicant convicted of two counts of indecent assault against adult females in 1981 - Recent allegations of improper conduct - Tests for determining whether stay should be granted - Application refused Child Protection (Offenders Registration) Act 2000 Child Protection (Prohibited Employment) Act 1998 Commission for Children and Young People Act 1998 Crimes Act 1900 LEGISLATION CITED : Crimes (Amendment) Act 1961 Defamation Act 1974 Evidence Act 1995 Industrial Relations Act 1996 Justices Act 1902 A v Commission for Children and Young People [2001] NSWIRComm 194 CASES CITED : Castlemaine Tooheys Limited v The State of South Australia (1986) 161 CLR 148 Commission for Children and Young People v AG [2002] NSWSC 582 Commission for Children and Young People v "A" [2003] NSWIRComm 6 HEARING DATES: 03/10/2003; 03/17/2003 DATE OF JUDGMENT: 03/28/2003