EBJ v Secretary, Department of Communities and Justice [2020] NSWCATAD 166

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EBJ v Secretary, Department of Communities and Justice [2020] NSWCATAD 166 Hearing dates: 21 May 2020 Date of orders: 30 June 2020 Decision date: 30 June 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: (1) The applicants' application is dismissed. (2) Any party ("the costs applicant") may make an application for costs, and file and serve submissions and evidence in support of the application, within 14 days of the date of this decision. (3) Any party the subject of a costs application ("the costs respondent") is to file and serve submissions and evidence on the costs application within 28 days of the date of this decision. (4) The costs applicant may file and serve submissions and evidence in reply, within 35 days of the date of this decision. (5) The costs applicant and costs respondent are to address in their submissions whether any costs application can be adequately determined in the absence of the parties by considering any written submissions or any other documents or material lodged with or provided to the Tribunal, having regard to s 50(2) of the Civil and Administrative Tribunal Act 2013. Catchwords: ADMINISTRATIVE REVIEW – Child Protection – Authorised carers – Where designated agency decided that no further children would be placed with the applicant authorised carers – Whether decision is an administratively reviewable decision Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Children and Young Persons (Care and Protection) Regulation 2012 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW) Interpretation Act 1987 (NSW) Cases Cited: CJH v Department of Family and Community Services [2016] NSWCATAD 162 IO v Department of Family and Community Services [2012] NSWADTAP 42 NV and OA [2009] NSWADT 209 TICA Default Tenancy Control Pty Ltd v Selvi [2015] NSWCATAP 187 Texts Cited: Australian Concise Oxford Dictionary (fourth edition) Macquarie Dictionary (online) Category: Principal judgment Parties: EBJ (First Applicant) EBK (Second Applicant) Secretary, Department of Communities and Justice (Respondent) Representation: Solicitors: Ross A Clarke & Associates (Applicants) Care Legal (Respondent) File Number(s): 2019/00302524 Publication restriction: Section 65 of the Civil and Administrative Tribunal Act 2013 applies to these proceedings.