EGQ v Secretary, Department of Communities and Justice [2020] NSWCATAD 283

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EGQ v Secretary, Department of Communities and Justice [2020] NSWCATAD 283 Hearing dates: 23 July 2020 Date of orders: 16 November 2020 Decision date: 16 November 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member Emeritus Professor P Foreman, General Member Decision: The Decision of the Respondent made on 14 October 2019 is affirmed. Catchwords: ADMINISTRATIVE LAW – review under section 245 Children and Young Persons (Care and Protection) Act 1998 (NSW) – child protection – care and protection of children – accumulation of factors amounting to an "unacceptable risk" of harm to children - cancellation of authorisation as an authorised carer. Legislation Cited: Adoption Act 2000 Adoption Information Act 1990 Administrative Decisions Review Act 1997(NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Children and Young Persons (Care and Protection) Regulation 2012 Community Services (Complaints Reviews and Monitoring) Act 1993 Disability Inclusion Act 2014 Cases Cited: Briginshaw v Briginshaw [1938] HCA 34 Johnson v Page [2007] Fam CA 1235 M v M [1988] HCA 68 Re Benji & Perry (2018) NSWSC 1750 The Department of Community Services v "Rachel Grant", "Tracy Reid", "Sharon Reid and "Frank Reid" [2010] CLN 1 YG v CG Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: EGQ (First Applicant) EGS (Second Applicant) Secretary Department of Communities and Justice (Respondent) Representation: Solicitors: Dean Lawyers (Applicant) V Smith (Respondent) File Number(s): 2020/00093315 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the Tribunal restricts disclosure of the name of the applicants, his or her victims or of evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons.