UT v Commission for Children and Young People [2011] NSWADT 71

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: UT v Commission for Children and Young People [2011] NSWADT 71 Hearing dates: On the papers Decision date: 06 April 2011 Before: L Goodchild, Judicial Member Decision: Declaration that Commission for Children and Young People Act 1998 does not apply to the specified offence. Catchwords: Declarations; prohibited person. Legislation Cited: Administrative Decisions Tribunal Act 1997 Commission for Children and Young People Act 1998 Cases Cited: Commission for Children & Young People v UR [2007] NSWSC 1099 Commission for Children and Young People v V [2002] NSWSC 949 R v Commission for Children and Young People [2002] NSWIRComm 101 Commissioner for Children and Young People v IK and Anor [2005] NSWSC 1136 Category: Principal judgment Parties: UT (Applicant) NSW Commission for Children and Young People (Respondent) Representation: Counsel Ms Ward (Respondent) Whitelaw McDonald (Applicant) State Crown Solicitor (Respondent) File Number(s): 104013

reasons for decision 1The Applicant, who in these Reasons will be referred to by the pseudonym, UT, applies to the Administrative Decisions Tribunal for an order under the Commission for Children and Young People Act 1998 ("the Commission Act"). UT is a "prohibited person having committed a serious sex offence", namely the offence of aggravated indecent assault on a child under 16 years for which he was convicted in February 1997. Unless the order UT seeks is granted, it will be an offence for him to apply for, undertake or remain in child related employment (s.33C of the Commission Act ). The Respondent, NSW Commission for Children and Young People, does not oppose the application. 2The Applicant made an application to the Commission for Children and Young People for an order under s.33A of the Commission Act by letter dated 26 June 2009. The Commissioner of the Commission for Children and Young People decided not to make the order sought on the grounds that on the information available, she has been unable to determine that he does not pose a risk to the safety of children. 3UT subsequently made an application to the Tribunal for an order under s.33I of the Commission Act filed with the Administrative Decisions Tribunal on 8 July 2010. That application is the subject of these Reasons.