Bond v. Department of Education of New South Wales [2010] NSWIRComm 1006

Industrial Relations Commission of New South Wales

CITATION: Bond v. Department of Education of New South Wales [2010] NSWIRComm 1006

APPLICANT Judith Bond PARTIES: RESPONDENT Department of Education of New South Wales

FILE NUMBER(S): IRC 1024 of 2008

CORAM: Connor C

CATCHWORDS: termination of employment - teaching service - casual teacher - claim of unfair dismissal - protection of children - allegations of serious offences with a family member - onus of proof - reportable conduct - placement on the list proscribing employment as a teacher or any child related employment - application for reinstatement made - application dismissed

Child Protection (Offenders Registration) Act 1998 Commission for Children and Young People Act 1998 LEGISLATION CITED: Industrial Relations Act 1996 Ombudsman Act 1974 Teaching Services Act 1980

Antonakopoulos v. State Bank of New South Wales (1999) 91 IR 385 Bond v. Director-General of Education and Training [2008] NSWIRComm 1131 Briginshaw v. Briginshaw (1938) 60 CLR 336 Byrne and Frew v. Australian Airlines Limited (1995) 185 CLR 410 Cassis v. New South Wales Department of Education and Training [2006] NSWIRComm 164 Director-General of Education and Training v. Bond [2009] NSWIRComm 40 Forbes v. Boston (1999) 91 IR 385 Humphries v. Cootamundra Ex-Services and Citizens Memorial Club Limited (2003) 128 IR 27 Killington v. News Limited (1993) 51 IR 307 CASES CITED: L v. Commissioner for Children and Young People [2008] NSWIRComm 195 M v. M (1988) 63 ALJR 108 Markowski v. Catalina Country Club - unreported New South Wales Department of Education and Training v. Cassis [2007] NSWIRComm 158 R v. Donovan (1934) 2 KB 498 R v. Starr (1969) QWN 23 R v. Whitehead (1929) 1 KB 99 Ryde-Eastwood Leagues Club Limited v. Taylor (1994) 56 IR 385 Shop, Distributive and Allied Employees Association v. Librus Pty Limited (2001) 103 IR 390 Wang v. Crestell Industries Pty Limited (1997) 73 IR 454