G v Commissioner, New South Wales Commission for Children and Young People

In the matter of G v Commissioner, New South Wales Commission for Children and Young People, the Tribunal was asked to consider an application by the Commissioner to prevent G from coaching children under the age of 18 years. The Commissioner had concerns regarding G’s suitability to coach minors following allegations of inappropriate conduct. G, who is a volunteer coach for a sporting club, denied any wrongdoing and sought to have the prohibition order set aside.

The primary legal issue before the Tribunal was whether G posed a risk to children under the age of 18 years in his role as a coach. This involved an assessment of the evidence presented and the likelihood of harm should the prohibition order be lifted. The Tribunal also needed to determine appropriate conditions, if any, that could be imposed to mitigate any potential risk while allowing G to continue his coaching activities.

The Tribunal found that while there was some evidence suggesting inappropriate conduct, it was not conclusive. Given the seriousness of the allegations, the Tribunal considered it necessary to impose conditions to mitigate any potential risk to children. The Tribunal concluded that the presence of at least two parents supervising G during all coaching sessions would sufficiently mitigate any potential risk. As such, the Tribunal decided to stay the operation of the prohibition order on the condition that two parents supervise G during coaching sessions, among other conditions.

The final orders made by the Tribunal included a stay on the prohibition order pending the determination of the matter, subject to the aforementioned conditions. These conditions also included the requirement for G to provide an attendance sheet to the Tribunal, prohibiting G from accepting any other children for coaching, and requiring the Tribunal to inform the President of the sporting club of these orders. The stay order would only take effect once at least two parents confirmed in writing their willingness to supervise G.