M v Commission for Children and Young People [2002] NSWIRComm 91

Industrial Relations Commission of New South Wales

CITATION : M v Commission for Children and Young People [2002] NSWIRComm 91 APPLICANT M

PARTIES : FIRST RESPONDENT Commission for Children and Young People

SECOND RESPONDENT Northern Sydney Area Health Service FILE NUMBER: 7459 of 2001 CORAM: Grayson DP CATCHWORDS : Whether in child related employment for the purpose of the Act - outside jurisdiction of Commission - application withdrawn LEGISLATION CITED : Child Protection (Prohibited Employment) Act 1998 s9 HEARING DATES: 04/26/2002 DATE OF JUDGMENT: 05/13/2002

APPLICANT Mr N Dawson of counsel Instructed by Nurses Association of NSW

FIRST RESPONDENT LEGAL REPRESENTATIVES: Mr I Bourke of counsel

SECOND RESPONDENT Ms L Edgar, Northern Sydney Area Health Service

JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Grayson, DP

Friday, 13 May 2002

Matter No IRC 7459 of 2001

M v COMMISSION FOR CHILDREN AND YOUNG PEOPLE

Application pursuant to section 9 of the Child Protection (Prohibited Employment) Act 1998 DECISON [2002] NSWIRComm 91 1 In this matter, the applicant seeks an order that the Child Protection (Prohibited Employment) Act 1998 does not apply to him in respect of the offence of "indecent assault female" dealt with in the Taree Children's Court on 23 March 1973. 2 The matter was heard on 26 April 2002 where Mr N Dawson of counsel appeared for the applicant and Mr I Bourke of counsel appeared for the first respondent, the Commission for Children and Young People (CCYP). Ms L Edgar, employee services manager, appeared on behalf of the second respondent, the Northern Sydney Area Health Service. 3 In the course of the applicant's cross-examination, Mr Bourke raised the question whether in the light of evidence thus far given by the applicant and on the material filed, likely to be given by the employer, the applicant was not in fact in child-related employment as defined in the Child Protection (Prohibited Employment) Act 1988.