DWX v Department of Communities and Justice [2020] NSWCATAP 144

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DWX v Department of Communities and Justice [2020] NSWCATAP 144 Hearing dates: 14 February 2020 Date of orders: 17 July 2020 Decision date: 17 July 2020 Jurisdiction: Appeal Panel Before: Hennessy ADCJ, Deputy President S Higgins, Senior Member Decision: (1) The time for lodging the appeal is extended to 22 November 2019. (2) The applications for a stay of each of the Tribunal's decisions are refused. (3) Leave is refused for the appellants to appeal from the interlocutory decisions to summarily dismiss their applications for administrative review. (4) The appeal is dismissed. Catchwords: APPEAL – child protection – where Tribunal dismissed application for review of decision to remove child and cancel authorisation – whether Tribunal made an error of law and whether leave should be given to appeal on grounds other than a question of law Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), Children and Young Persons (Care and Protection) Regulation 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW) Cases Cited: Jackamarra v Krakouer (1998) 195 CLR 516 Gallo v Dawson [1990] HCA 30; 93 ALR 479 Nanschild v Pratt [2011] NSWCA 85 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Texts Cited: None cited Category: Principal judgment Parties: DWX (Appellant) DWW (Appellant) Department of Communities and Justice (Respondent) Representation: Solicitors: Appellants (Self Represented) V Nguyen (Respondent) File Number(s): AP 19/53515 Publication restriction: Pursuant to section 65 of the Civil and Administrative Tribunal Act 2013, a person must not, except with the consent of the Tribunal, whether before or after the proceedings are disposed of, publish or broadcast the name of any person who appears as a witness before the Tribunal in any proceedings, or to whom any proceedings in the Tribunal relate, or who is mentioned or otherwise involved in any proceedings in the Tribunal. Note that a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: N/A Date of Decision: 20 June 2019 and 10 October 2019 Before: Dr J Lucy, Senior Member M Anderson, Senior Member File Number(s): 2019/00187310; 2019/00307889