NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: 'S' v The Commission for Children and Young People [2007] NSWIRComm 30 This decision has been amended. Please see the end of the judgment for a list of the amendments.
PARTIES: 'S' The Commission for Children and Young People
FILE NUMBER(S): IRC 3533 of 2006
CORAM: Grayson DP
CATCHWORDS: Child Protection (Prohibited Employment) Act 1998 - Application for order declaring statute not to apply to applicant in respect of specified offence - Application not opposed - Onus on applicant to satisfy tribunal to appropriate standard - Onus discharged - Held, applicant does not pose a risk to safety of children - Application granted - Registrar directed to notify Commissioner of Police of terms of order.
LEGISLATION CITED: Child Protection (Prohibited Employment) Act 1998
Briginshaw v Briginshaw 60 CLR 336 CASES CITED: Commission for Children and Young People v "A" [2003] NSWIRComm 6 Commission for Children and Young People v "S" [2003] NSWIRComm 205 Commission for Children and Young People v "V" [2002] NSWSC 949
HEARING DATES: 15 February 2007 EXTEMPORE JUDGMENT DATE: 15 February 2007
Ms L Whalan of counsel instructed by Mr T Morgenstern, solicitor LEGAL REPRESENTATIVES: Mr I Bourke of counsel instructed by Commission for Children and Young People
JUDGMENT:
- 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: Grayson DP
15 February 2007
Matter No IRC 3533 of 2006
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