Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27:

1. The Applicant is a "registrable person" under the Child Protection (Offenders Registration) Act 2000 (NSW) (CPOR Act). The Applicant made an administrative review application to the Tribunal seeking a full exemption from, or reduction of, his reporting obligations for two separate periods of time that he was overseas totalling 2,024 days.

2. The Respondent made an application for summary dismissal of the proceedings on the basis that the proceedings are of no practical utility, misconceived and lacking in substance.

3. The Tribunal has dismissed the proceedings primarily because the Tribunal has no power to make the order sought by the Applicant and therefore the proceedings are misconceived and lacking in substance.

Evidence and background

Registrable offence

4. On 31 July 2015, after pleading guilty, the Applicant was convicted of one count of assault with act of indecency (s 61L of the Crimes Act 1900 (NSW)). The offence involved an act of indecency towards a 17-year-old female victim at a train station. The Applicant was 28 years of age at the time of the offence. The Police Facts Sheet noted the following particulars of the offence:

a) The Applicant approached the victim at the train station and initiated a conversation.

b) The Applicant moved closer to the victim and put his arms around her, which caused the victim to feel scared.

c) The Applicant would not leave the victim alone was persistent with his questions and wanting to talk to her.

d) The Applicant touched the victim's jaw with one hand, turned her head and kissed her on the mouth, while grabbing her breast on the outside of her clothing and squeezing it.

e) The Applicant asked the victim how old she was, to which the victim stated "Does it matter?"

f) The Applicant again grabbed the victim's jaw, turned her head and kissed her on the lips.

g) The Applicant ran his fingers through the victim's hair.

h) The victim stood up and started walking away from the train station and back to her School/College boarding house. The Applicant walked along side of her, placing his hand on her hip.

i) As the victim was walking, the Applicant put his hand down the back of her jeans, under her underpants.

j) The Applicant followed the victim to the boarding house and got trapped in an external corridor. He later escaped by climbing a gate.

k) The victim, who was crying hysterically, asked the Boarding Mistress to ring Police. Police arrived and later located and arrested the Applicant who gave an almost identical version of events but suggested that the victim consented to his advances but must have changed her mind once he placed his hands down the back of her pants.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1970afcafc83f0aaa99dc628)

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