T v The Commission for Children and Young People. Application by T for declaratory relief under s 154 of the Industrial Relations Act 1996 [2008] NSWIRComm 21

Industrial Court of New South Wales

CITATION: T v The Commission for Children and Young People. Application by T for declaratory relief under s 154 of the Industrial Relations Act 1996 [2008] NSWIRComm 21

APPLICANT: "T"

PARTIES: RESPONDENT: The Commission for Children and Young People

FILE NUMBER(S): IRC 1995 of 2007

CORAM: Haylen J

Industrial Relations Act 1996 - s 154 - application for declaration that effect of Crimes Act amendment applicant no longer a "prohibited person" under the Commission for Children and Young People Act - common ground that applicant no longer a prohibited person and therefore not able to apply for a review of that status under s 33I Commission for Children and Young People Act - challenge to jurisdiction of Court to make a declaration to that effect - limited statutory jurisdiction of Court - held that application for declaration arose in relation to a matter in which the Commission had jurisdiction - consideration of the term "matter" - declaration made

Practice and procedure - application for declaration that applicant not a prohibited person within meaning of Commission for Children and Young People Act 1998 - relief exclusively within jurisdiction of Industrial Court - s 154 Industrial Relations Act 1996 - statutes - interpretation CATCHWORDS: Child Protection - "prohibited person" - application to Industrial Court for declaration - whether effect of Crimes Amendment (Sexual Offences) Act 2003 rendered applicant no longer a prohibited person - whether Court had jurisdiction to declare that applicant no longer a "prohibited person"