''SB'' and Commission for Children and Young People [2007] NSWIRComm 61

Industrial Relations Commission of New South Wales

CITATION: ''SB'' and Commission for Children and Young People [2007] NSWIRComm 61

APPLICANT ''SB'' PARTIES: RESPONDENTS Commission for Children and Young People UnitingCare Ageing, Western Region Community Care Services

FILE NUMBER(S): 2100 of 2006

CORAM: Sams DP

Child protection legislation - prohibited person - application for an exemption order - conviction and jailing for serious sex offences - disadvantaged background - alcohol and drug abuse - pseudonym of applicant - applicant now works predominantly in aged care in Broken Hill - support from employer - no further convictions in 17 years - limited use of alcohol - stable family relationship - views of two psychologists - low risk assessment - no paedophilic tendencies - whether applicant poses a risk to the safety of children - whether conditions to exemption should apply - options as to conditions. CATCHWORDS: Held; effect of amending legislation - applicant may come into contact with children - change to risk assessment if alcohol usage increases - vulnerability of environment - new provisions as to fresh evidence - balancing the seriousness of the offences - background to offences - significance of psychologists' assessments - risk never eliminated - applicant's contrition - no further or prior convictions - responsible employee - stable long term relationship - complete rehabilitation - risk to future employment - applicant not a present risk to the safety of children - orders made - no conditions to apply to exemption - Act not to apply in respect to offences - Commissioner of Police and employer to be advised of order.