ANE v NSW Commission for Children and Young People [2014] NSWCATAD 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ANE v NSW Commission for Children and Young People [2014] NSWCATAD 3 Hearing dates: 31 July 2013 Decision date: 24 January 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Decision: 1.ANE's application for an order under subs 31I(1) of the Commission for Children and Young People Act 1998 is refused. 2.Pursuant to subs 31I(5) of the Commission for Children and Young People Act 1998, ANE is granted leave to bring a further application for an order after two years from the publication of this decision. 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 (Working with Children) Act 2012 Child Protection (Working with Children) Regulation 2013 Child Protection (Prohibited Employment) Act 1998 (repealed) Civil and Administrative Tribunal Act 2013 Commission for Children and Young People Act 1998 Crimes Act 1900 Cases Cited: ADV v Commission for Children and Young People [2012] NSWADT 8 Commission for Children and Young People v FZ [2011] NSWCA 111 Commission for Children and Young People v V [2002] NSWSC 949 IH v Commission for Children and Young People [2009] NSWADT 202 L v Commission for Children and Young People & anor [2008] NSWIR Comm 195 R v Commission for Children and Young People [2002] NSWIR Comm 101 RD v Commissioner NSW Commission for Children and Young People [2011] NSWADT 140 RV v Commission for Children and Young People [2007] NSWADT 299 Category: Principal judgment Parties: ANE (Applicant) NSW Commission for Children and Young People (Respondent) Representation: Counsel: V A Hartstein (Respondent) Solicitors: ANE (Applicant in person) Crown Solicitor Office (Respondent) File Number(s): 124034 Publication restriction: S126 of the Administrative Decisions Tribunal Act 1997 (ADT Act)