P v Commisioner, New South Wales Commission for Children and Young People

The case before the court involved P, who was appealing against a decision made by the New South Wales Commission for Children and Young People. P had been convicted of "carnal knowledge of a girl under 17 years" in 1974. The legal issue before the court was whether the Child Protection (Prohibited Employment) Act 1998 applied to P and prohibited him from being employed in roles where he would have contact with children, given his prior conviction.

The court examined the Child Protection (Prohibited Employment) Act 1998 and the relevant provisions pertaining to prohibited employment due to past convictions. The court determined that the Act did not apply to P's 1974 conviction as it only covered convictions occurring after the Act came into effect in 1998. The court found that the 1974 conviction did not fall within the scope of the Act, and therefore P was not prohibited from employment that involved contact with children based on that conviction.

As a result, the court ruled in favour of P, finding that the Act did not apply to his 1974 conviction. The court made an order on 30 January 2001 stating that the Child Protection (Prohibited Employment) Act 1998 did not apply to P in respect of the offence of "carnal knowledge of a girl under 17 years” for which he was convicted on 18 September 1974. This decision allowed P to be considered for employment roles that involved contact with children, provided other conditions were met.