Commissioner for Children and Young People v VR [2012] NSWSC 1385

Supreme Court New South Wales

Medium Neutral Citation: Commissioner for Children and Young People v VR [2012] NSWSC 1385 Hearing dates: 7 November 2012 Decision date: 19 November 2012 Before: Simpson J Decision: (i) Appeal allowed; (ii) The decision of the Administrative Decisions Tribunal of 4 May 2012 is set aside; (iii) The defendant's application for an order under s 33I of the Commission for Children and Young People Act 1998 declaring that Pt 7, Div 2 of that Act does not apply to the defendant in relation to the offences of indecent assault and two counts of aggravated indecent assault is dismissed; (iv) No order as to costs. Catchwords: APPEAL - appeal from decision of Administrative Decisions Tribunal - application of provisions Commission for Children and Young People Act 1998 Pt 7 - order of ADT subject to condition - condition not authorised by Act - no power to impose condition - Commission for Children and Young People Act 1998, Pt 7, s 33, s 33B, s 33C, s 33H, s 33I, s 33J - Supreme Court Act 1970, s 75A Legislation Cited: Commission for Children and Young People Act 1998 Supreme Court Act 1970 Category: Principal judgment Parties: Commissioner for Children and Young People (Plaintiff) VR (First Defendant) Administrative Decisions Tribunal (Second Defendant) Representation: Counsel: D Ward (Plaintiff) J Levick (First Defendant) Submitting appearance (Second Defendant) Solicitors: I V Knight - Crown Solicitor (Plaintiff) MM Criminal Lawyers (First Defendant) I V Knight - Crown Solicitor (Second Defendant) File Number(s): 2012/173266