DRZ v Barnardos Australia (No 2) [2020] NSWCATAP 105

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DRZ v Barnardos Australia (No 2) [2020] NSWCATAP 105 Hearing dates: On the papers after 19 May 2020 Date of orders: 10 June 2020 Decision date: 10 June 2020 Jurisdiction: Appeal Panel Before: N Hennessy ADCJ, Deputy President P Durack SC, Senior Member Decision: (1) A hearing is dispensed with pursuant to s 50 of the Civil and Administrative Tribunal Act 2013 (NSW). (2) In accordance with this decision, the Tribunal is to reconsider the case based on the evidence before it and the factual findings it has made, but without making the "Code of Conduct error." (3) If the Tribunal sets aside the decision to cancel DRZ's authorisation, it should go on to consider whether the decision to remove from DRZ the responsibility for the daily care and control of the child is the correct and preferable decision. That decision may be made with or without further evidence, as the Tribunal sees fit. Catchwords: APPEAL – decision to remove child and cancel authorisation as an authorised carer – where Appeal Panel upheld the appeal in part based on "Code of Conduct error" and directed parties to provide submissions on the further orders the Appeal Panel should make – whether Appeal Panel should determine the matter based on the evidence adduced before the Tribunal and those findings of the Tribunal not disturbed by the Code of Conduct error or whether the Appeal Panel should remit the matter to the Tribunal Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Children and Young Person (Care and Protection) Regulation 2012 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: None cited Texts Cited: None cited Category: Principal judgment Parties: DRZ (Appellant) Barnardos Australia (Respondent) Representation: Counsel: C Birch SC (Appellant) M Breeze (Appellant) G Mahoney (Respondent)