NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : A and Commission for Children and Young People & Anor [2003] NSWIRComm 81 APPLICANT: "A" PARTIES : FIRST RESPONENT: Commission for Children and Young People SECOND RESPONDENT: NSW Department of Education and Training FILE NUMBER: IRC4540 of 2000 CORAM: Kavanagh J CATCHWORDS : Prohibited employment - "A" a prohibited person under s5 of the Child Protection (Prohibited Employment) Act 1998 - as a person convicted of a serious sex offence - Conviction approximately 33 years ago - Application for declaration under s9 of the Child Protection (Prohibited Employment) Act by "A" that he is not a "prohibited person" - Consideration of matters relevant to the making of the Orders as defined in s9(5) of the Act - Determination that person does not pose a risk to the safety of children in accordance with s9(4) of the Act Child Protection (Prohibited Employment) Act 1998 LEGISLATION CITED : Crimes Act 1900 Industrial Relations Act 1996 "A" and Commission for Children and Young People No. 2 (2000) 104 IR 119 CASES CITED : "G" v "J" and "H" [2001] NSWIRComm 69 "R" v NSW Commission for Children and Young People [2002] NSWIRComm 101 "L" v Commission for Children and Young People [2001] NSWIRComm 134 HEARING DATES: 03/20/2003 EXTEMPORE JUDGMENT DATE : 03/20/2003
APPLICANT: Ms P F Lowson of counsel Solicitors: MacMahon Associates
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