TZ v Commission for Children and Young People

The applicant, TZ, sought a declaration that he was not a prohibited person under the Child Protection (Prohibited Employment) Act 1998 (Vic). TZ was convicted in 1974 of four counts of attempted rape and five counts of rape. He applied for a declaration that he was not a prohibited person under the Child Protection (Prohibited Employment) Act 1998 (Vic) as he was not considered to be a person of unsatisfactory character. The court was required to decide whether TZ was a person of unsatisfactory character and whether the Act applied to him.

The court considered the nature of TZ's convictions and the time elapsed since his convictions. The court found that TZ's convictions were serious but noted that he had been rehabilitated and had led a law-abiding life for many years. The court held that TZ was not a person of unsatisfactory character and that the Act did not apply to him. The court found that TZ had taken significant steps to rehabilitate himself and had not reoffended since his convictions. The court also noted that the length of time that had passed since TZ's convictions was a relevant factor in determining whether he was a person of unsatisfactory character.

The court concluded that TZ was not a prohibited person under the Child Protection (Prohibited Employment) Act 1998 (Vic). The court declared that the Act was not to apply to TZ in respect of the convictions for which he was seeking a declaration. The court held that TZ was not a person of unsatisfactory character and that the Act did not apply to him. The court also noted that the length of time that had passed since TZ's convictions was a relevant factor in determining whether he was a person of unsatisfactory character.

The court made a declaration that the Child Protection (Prohibited Employment) Act 1998 (Vic) is not to apply to TZ in respect of the convictions for which he was seeking a declaration. The court also noted that section 126 of the Administrative Decisions Tribunal Act 1997 applies to this decision.