New South Wales Consolidated Acts

COMMISSION FOR CHILDREN AND YOUNG PEOPLE ACT 1998 - SECT 33I

33I IRC and ADT may make declarations concerning prohibited persons

(1) On the application of a prohibited person, a relevant tribunal may make an order declaring that this Division is not to apply to the person in respect of a specified offence.

(2) A "relevant tribunal" is:

(a) the Industrial Relations Commission, or

(b) the Administrative Decisions Tribunal.

(3) The Commission for Children and Young People is to be a party to any proceedings for an order under this section. The Commission may make submissions in opposition to or support of the making of the order.

(4) An applicant must fully disclose to the relevant tribunal any matters relevant to the application.

(5) If a relevant tribunal refuses to make an order under this section, the prohibited person is not entitled to make an application for an order under this section or section 33H in respect of that offence until after the period of 5 years from the date of the tribunal’s refusal, unless the tribunal otherwise orders at the time of refusal.

(6) Orders under this section may be made subject to conditions.

(7) The following applies to proceedings before the Administrative Decisions Tribunal under this section:

(a) the Tribunal may not award costs,

(b) an appeal lies on a question of law to the Supreme Court by any party to the proceedings.