LA v Commissioner for Children and Young People [2012] NSWSC 1454

Supreme Court New South Wales

Medium Neutral Citation: LA v Commissioner for Children and Young People [2012] NSWSC 1454 Hearing dates: 23 October 2012 Decision date: 30 November 2012 Before: Schmidt J Decision: 1. The appeal be dismissed. 2. Exhibits may be returned forthwith; any exhibits returned must be retained intact by the party or person that produced the material until the expiry of the time to file an appeal, or until any appeal has been determined. Catchwords: APPEAL - appeal on questions of law against decision of the Administrative Decisions Tribunal refusing orders under the Commission for Children and Young People Act 1998 - operation of Act - whether applicant is a prohibited person - nature of applicant's criminal record - whether offence dealt with under s556A of the Crimes Act 1900 is a 'serious sex offence' as defined - whether the applicant should have been permitted to issue a summons to victim of 1984 offence - whether applicant should have been permitted to issue summonses to others - whether evidence should have been received from Professor Greenberg - no error of law established - costs Legislation Cited: Administrative Decisions Tribunal Act 1997 Child Protection (Prohibited Employment) Act 1998 Commission for Children and Young People Act 1998 Crimes Act 1900 Cases Cited: LA v Commissioner for Children and Young People [2012] NSWADT 13 Category: Principal judgment Parties: LA (Applicant) Commissioner for Children and Young People (Respondent) Representation: Counsel: Mr M Higgins (Respondent) Solicitors: LA (unrepresented) IV Knight, Crown Solicitor (Respondent) File Number(s): 2012/154871 Publication restriction: None Decision under appeal Jurisdiction: 9113 Date of Decision: 2012-02-02 00:00:00 Before: S Higgins, Deputy President File Number(s): 084034