GvJ&H [2001] NSWIRComm 69

Industrial Relations Commission of New South Wales

CITATION : GvJ&H [2001] NSWIRComm 69 APPLICANT: G PARTIES : FIRST RESPONDENT: J SECOND RESPONDENT: H FILE NUMBER: IRC5987 of 2000 CORAM: Kavanagh J CATCHWORDS : Child Protection (Prohibited Employment) Act 1998 - application for declaration under s9 of the Act - offence committed when applicant a juvenile 39 years ago - consideration as to the effect of associated Acts namely, the Criminal Records Act 1991 and the Commission for Children and Young People Act 1998. The reverse of the onus of proof under the Act - the relevant finding must be the applicant does not pose a risk to the safety of children - the consideration of the Commission taking into account the mandate placed by the community through the legislature on the Commission re employment in child-related employment - the effect of s9(4) of the Act - particular circumstances relevant to the determination - an examination of the procedures followed under the Act by the employer for the placement of the prohibition order - findings as to serious sex offence - prohibited person - child related employment - risk to the safety of children Child Protection (Prohibited Employment) Act 1998 LEGISLATION CITED : Commission for Children &Young People Act 1998 Criminal Records Act 1991 CASES CITED : A and The Commission for Children and Young People (No 2) [2000] NSWIRComm 219 HEARING DATES: 02/01/2002; 02/09/2001 DATE OF JUDGMENT: 04/11/2001

APPLICANT: Mr G. Brady of counsel Solicitors: D.G. Skinner & Associates