DRZ v Barnardos Australia [2020] NSWCATAD 318

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DRZ v Barnardos Australia [2020] NSWCATAD 318 Hearing dates: On the papers Date of orders: 17 December 2020 Decision date: 17 December 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member Prof J Goodman-Delahunty, General Member Decision: (1) A hearing is dispensed with pursuant to s 50 of the Civil and Administrative Tribunal Act 2013 (NSW). (2) The decision of the respondent to cancel the applicant's authorisation is affirmed. (3) The decision of the respondent to remove the Child from the applicant's care is affirmed. Catchwords: ADMINISTRATIVE LAW – review of decision to cancel authorisation as a carer and decision to remove the foster child from the day-to-day care of the carer – whether carer no longer suitable to be an authorised carer - failing to notify the agency of being approached by police of a very serious risk of harm incident and then maintaining a relationship with the person who was a person of interest in that incident Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Adoption Act 2000 (NSW) Adoption Regulation 2015 (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 Act 2013 (NSW) Cases Cited: Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 Hughes & Vale Pty Ltd v New South Wales (No 2) (1955) 93 CLR 127 McBride v Walton, NSW Court of Appeal. Unreported, 15 July 1994 Texts Cited: None cited Category: Principal judgment Parties: DRZ (Applicant) Barnardos Australia (Respondent) Representation: Solicitors: Michael Vassili Barrister & Solicitors (Appellant) Care Legal (Respondent) File Number(s): 2019/00019082 Publication restriction: Section 65 of the Civil and Administrative Tribunal Act 2013 – except with the consent of the Tribunal the publication or broadcasting of the name the applicant, the child to which the application relates, any person who appears as a witness or is mentioned or otherwise involved in the proceedings is prohibited.