RD v Commissioner NSW Commission for Children and Young People [2011] NSWADT 140

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: RD v Commissioner NSW Commission for Children and Young People [2011] NSWADT 140 Hearing dates: 1 June and 6 December 2010 Decision date: 08 June 2011 Jurisdiction: Community Services Division Before: S Higgins, Deputy President Decision: Pursuant to subsection 33I(1) of the Commission for Children and Young People Act 1998, declare that Division 2 of Part 7 of that Act is not to apply to RD in respect of the offence of which he was convicted in the Parramatta District Court on 13 March 2009. Catchwords: Declaration - prohibited person - proof by applicant that he/she poses no risk to the safety of children Legislation Cited: Commission for Children and Young People Act 1998 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v Y [2002] NSWSC 949 Category: Principal judgment Parties: RD (Applicant) Commissioner NSW Commission for Children and Young People (Respondent) Representation: Mr Moore (Respondent) In person (Applicant) Ms A Paul (Respondent) File Number(s): 094036 Publication restriction: Section 126 of the Administrative Decisions Tribunal Act 1997

REasons for decision 1The applicant, RD, has made an application to the Tribunal seeking an order under section 33I of the Commission for Children and Young People Act 1998 (the Act) declaring that Division 2 of Part 7 of that Act is not to apply to him in respect of an offence of indecent assault of which he was convicted on 13 March 2009. 2As the offence for which RD was convicted (i.e. the index offence) is an offence falling within the description of a 'serious sex offence' as defined in subsection 33I(3) of the Act, RD is a 'prohibited person' under subsection 33B(1). Subsection 33C of the Act prohibits a 'prohibited person' to apply for or obtain child related employment, or undertake child related employment, or remain in child related employment. A contravention of this provision constitutes an offence which is punishable by a fine or imprisonment for two years or both. 3RD has worked in the security industry and as a result of his conviction his ability to work in that industry has been severely restricted. He has made his application so that he can again pursue his career within the security industry. 4The respondent Commission opposed RD's application.