'L' and The Commission for Children and Young People and anor [2008] NSWIRComm 195

Industrial Relations Commission of New South Wales

CITATION: 'L' and The Commission for Children and Young People and anor [2008] NSWIRComm 195

APPLICANT: "L" PARTIES: RESPONDENTS: Commission for Children & Young People - First Respondent Director-General of Education & Training - Second Respondent

FILE NUMBER(S): IRC 1166 of 2008

CORAM: Haylen J

CATCHWORDS: Commission for Children and Young People Act 1998 - application pursuant to s 33I - declaration sought by prohibited person that Division not apply in relation to specified offences - applicant pleads guilty to several charges of indecent assault against four of his younger sisters - offences take place when applicant 15 years old - offences brought to light more than 40 years later - applicant employed as teacher and assistant principal at primary school - applicant 57 years old at time of application - District Court records conviction but no other penalty pursuant to s 10A Crimes (Sentencing Procedure) Act 1999 - no other criminal record or relevant employment complaint - District Court finds contrition and applicant a person of good character - character evidence of experienced teachers - applicant regarded as honest and professionally skilled- report provided by forensic psychiatrist - applicant considered to be a low level of risk of repeating offences against children - serious offence with aggravating factors - good record and character - 40 years since offences - no real or appreciable risk to children - declaration made as sought.

Child Protection (Offenders Registration) 2000 LEGISLATION CITED: Commission for Children and Young People Act 1998 s 33I(1) s 31 s 32 s 33B s 33C s 33E s 33J Crimes (Sentencing Procedure) Act 1999 s 10A Teaching Service Act 1980 s 93T