RD v Commissioner NSW Commission for Children and Young People

The case of RD v Commissioner NSW Commission for Children and Young People involved an application by RD to have a declaration made that he is not a prohibited person under the Commission for Children and Young People Act 1998. The dispute centred on whether RD posed a risk to the safety of children, considering his prior conviction for an offence in 2009. The matter was heard in the Supreme Court of New South Wales.

The legal issues the court had to decide were whether RD had demonstrated that he no longer posed a risk to children and whether the Commissioner had the discretion to make the declaration sought by RD. The court examined the legislative framework, focusing on the criteria for determining whether a person is a prohibited person under the Act, and the circumstances in which the Commissioner may exercise discretion to exempt an individual from the prohibition.

The court considered the evidence and submissions presented, including RD's efforts to rehabilitate and his current circumstances. The court found that RD had provided sufficient evidence to satisfy the criteria for the declaration, and that the Commissioner had the discretion to make the declaration. The court concluded that RD had met the necessary standard of proof and ordered the declaration as sought.

The final orders of the court were that, pursuant to subsection 33I(1) of the Commission for Children and Young People Act 1998, the court declared that Division 2 of Part 7 of that Act is not to apply to RD in respect of the offence of which he was convicted in the Parramatta District Court on 13 March 2009. This declaration effectively exempts RD from being considered a prohibited person in relation to that offence.