"B" v The Commission for Children and Young People

Industrial Relations Commission of New South Wales CITATION: "B" v The Commission for Children and Young People [2005] NSWIRComm 153 PARTIES: APPLICANT Mr "B" RESPONDENT The Commission for Children and Young People FILE NUMBER(S): IRC 7172 of 2003 CORAM: Harrison DP CATCHWORDS: Application under s 9 of the Child Protection (Prohibited Employment) Act 1998 - Interim Order replaced with Final Order LEGISLATION CITED: Child Protection (Prohibited Employment) Act 1998 Crimes Act 1900 HEARING DATES: 04/06/2005 EXTEMPORE JUDGMENT DATE: 04/06/2005 LEGAL REPRESENTATIVES: APPLICANT Counsel Mr N Dawson RESPONDENT Ms K Vaisman, Solicitor Crown Solicitors Office JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 12 May 2005 Matter No IRC 7172 of 2003 “B” AND THE COMMISSION FOR CHILDREN AND YOUNG PEOPLE Application under s9 of the Child Protection (Prohibited Employment) Act 1998 ORDER [2005]NSWIRComm 153 1 This matter was first before the Commission in March 2004 when an interim order was issued [2004] NSWIRComm 63. The interim order, made ex tempore on 11 March 2004 and published on 22 March 2004, was by joint application of the parties and contained certain conditions including a process for future application for an order in conclusive terms. 2 The matter was subject to further proceedings on 6 April 2005. 3 On 6 April 2005 the parties reported that all conditions of the interim order had been met. 4 The Commission was provided with a report from a Clinical Psychologist, Dr David Roland, Exhibit 11, and an amendment thereto, Ex 11A. 5 Mr Dawson of Counsel, appearing on behalf of the applicant, sought an order pursuant to s 9 of the Child Protection (Prohibited Employment) Act 1998 ("the Child Protection Act") in conclusive terms . 6 Ms Vaisman , a solicitor from the Crown Solicitor's Office, appearing for the Commission for Children and Young People (CCYP), did not oppose the order sought submitting that the Commission must satisfy itself in respect to the criteria prescribed by s 9.4 and s 9.5 of the Child Protection Act. 7 Having considered all of the relevant criteria I am satisfied the Mr "B" does not pose a risk to the safety of children and accordingly an order declaring that the Child Protection Act does not apply to him respect to Charge No 15321322 pursuant to s 61N(1) of the Crimes Act 1900 to which he pleaded guilty in Lismore Local Court on 14 October 2002 is made. 8 The order issues herewith. Publication of the identities of the applicant and employer are suppressed and are to remain confidential. 9 The Registrar is directed to advise the Commissioner of Police in writing of the terms of these orders and also to include in that document the name of the person the subject of the orders. 10 Matter No IRC 7172 of 2003 is so concluded. oo0oo DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.