NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : HREA of NSW v Commission for Children and Young People [2002] NSWIRComm 200 PARTIES : Health and Research Employees' Association of New South Wales Commission for Children and Young People FILE NUMBER: IRC No 3114 of 2002 CORAM: Grayson DP CATCHWORDS : Application for declaratory relief - absence of jurisdiction - definition of prohibited person for purposes of the Act - application dismissed LEGISLATION CITED : Child Protection (Prohibited Employment) Act 1998 s 9 CASES CITED : A v Commission for Children and Young People (2001) 107 IR 211 Commission for Children and Young People v Attorney General [2002] NSWSC 582 HEARING DATES: 07/16/2002 EXTEMPORE JUDGMENT DATE : 07/16/2002
APPLICANT Health and Research Employees' Association of NSW
LEGAL REPRESENTATIVES: RESPONDENT Commission for Children and Young People Solicitors: Crown Solicitors
JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: GRAYSON, DP
Tuesday, 16th July 2002
Matter No IRC 3114 of 2002 HEALTH AND RESEARCH EMPLOYEES' ASSOCIATION OF NEW SOUTH WALES AND THE COMMISSION FOR CHILDREN AND YOUNG PEOPLE
Application by the Health and Research Employees' Association of New South Wales pursuant to s9 of the Child Protection (Prohibited Employment) Act 1998
DECISION EX-TEMPORE [2002] NSWIRComm 200
1 Having been appraised of the circumstances of the applicant's proceedings before the Criminal Courts in 1973, and having the benefit of both the decision of his Honour Hungerford J in A v Commission for Children and Young People (2001) 107 IR at 211, and also, more recently, the decision of his Honour Dowd J in the Supreme Court of New South Wales in Commission for Children and Young People v Attorney General [2002] NSWSC at 582, I propose to follow the decision of his Honour Hungerford J, and having done so, it becomes clear that this Commission has no jurisdiction to entertain the application presently before it.
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