ADV v Commission for Children and Young People [2012] NSWADT 8

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: ADV v Commission for Children and Young People [2012] NSWADT 8 Hearing dates: 26 September 2011 Decision date: 20 January 2012 Jurisdiction: Community Services Division Before: L Goodchild, Judicial Member Decision: The Act is not to apply to the applicant in respect of the offences of aggravated indecent assault committed on June 2008, subject to the following conditions:- (i) The applicant shall not practice clinical nursing involving children under the age of 18 years (ii) The applicant shall give a copy of this order to the Chief Executive Office or Clinical Director of any hospital or medical practice in which he works. Catchwords: Declaration that applicant not a prohibited person with conditions. Legislation Cited: Commission for Children and Young People Act 1998 Child Protection (Prohibited Employment) Act 1998 Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Commission for Children and Young People v V [2002] NSWSC 949; 56 NSWLR 476 Commission for Children and Young People v IK & Anor [2005] NSWSC 136 Commission for Children and Young People v UR [2007] NSWSC 1099; 173 A Crim R 300 Commissioner for Children and Young People v FZ [2011] NSWCA 111 Department of Family & Community Services & LH Re. R [2011] NSWSC 551 Category: Principal judgment Parties: ADV (Applicant) Commission for Children and Young People (Respondent) Representation: Counsel B Brassil (Applicant) G Moore (Respondent) Crown Solicitors (Respondent) File Number(s): 114022 Publication restriction: S126 of the Administrative Decisions Tribunal Act 1997 applies