DA v Commission for Children and Young People [2013] NSWADT 158

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: DA v Commission for Children and Young People [2013] NSWADT 158 Hearing dates: 17 December 2012 Decision date: 11 July 2013 Jurisdiction: Community Services Division Before: S Higgins, Deputy President Decision: The applicant's application for an order under s 33I of the Commission for Children and Young People Act 1998 is refused. Catchwords: Declaration - prohibited person - whether applicant has discharged his onus that he poses no risk to the safety of children Legislation Cited: Administrative Decisions Tribunal Act 1997 Child Protection (Prohibited Employment) Act 1998 (repealed) Child Protection (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Commission for Children and Young People Act 1998 Criminal Code (Queensland) Crimes Act 1900 Crimes Amendment (Child Pornography) Act 2004 Cases Cited: Commission for Children and Young People v FC [2011] NSWCA 111 Commission for Children and Young People v Y [2002] NSWSC 949 R v Flynn [2010] QCA 254 Category: Principal judgment Parties: DA (Applicant) Commission for Children and Young People Representation: Counsel I Bourke (Respondent) DA (Applicant in person) Crown Solicitor's Office (Respondent) File Number(s): 124022 Publication restriction: S 126 of the Administrative Decisions Tribunal Act