D and The Commission for Children and Young People [2001] NSWIRComm 312

Industrial Relations Commission of New South Wales

CITATION : D and The Commission for Children and Young People [2001] NSWIRComm 312 APPLICANT "D" PARTIES : RESPONDENT The Commission for Children and Young People FILE NUMBER: IRC 5236 of 2000 CORAM: Marks J CATCHWORDS : Child Protection (Prohibited Employment) Act - Application for declaration under s 9 - Conviction for sexual offence with girl under the age of 16 - Whether likely to re-offend or pose a risk to safety of children - Declaration and conditional orders made. LEGISLATION CITED : Child Protection (Prohibited Employment) Act 1998 s 9 HEARING DATES: 08/29/2001; 11/16/2001 DATE OF JUDGMENT: 12/04/2001

APPLICANT SOLICITORS MacMahon Associates

LEGAL REPRESENTATIVES: RESPONDENT SOLICITORS Crown Solicitor

JUDGMENT: - 7 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: MARKS J Tuesday 4 December 2001 Matter No IRC 5236 of 2000 D and The Commission for Children and Young People Application under s 9 of the Child Protection (Prohibited Employment) Act 1998

DECISION

1 This is an application brought under s 9 of the Child Protection (Prohibited Employment) Act 1998 ("the Act"). The applicant who was born on 13 June 1945 was employed as a teacher with the New South Wales Technical and Further Education Commission (TAFE) and has been so employed since 1978. He has taught a number of trade related courses. On 16 June 1992 the applicant was convicted at the Wagga Wagga District Court of an offence under s 66C of the Crimes Act 1900. The applicant had pleaded guilty to a charge that on 19 January 1991 he had sexual intercourse with a girl who was then aged 15. In fact, the applicant had had a sexual relationship with the young girl for a period of about six months, for two months of which she was under the age of 16.