NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EKH v Burrun Dalai Aboriginal Corporation Inc. (No 2) [2021] NSWCATAD 344 Hearing dates: 19, 20, 21 January 2021, 10 May 2021 and 1, 2 July 2021 Date of orders: 17 November 2021 Decision date: 17 November 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: A Starke, Senior Member L Houlahan, General Member Decision: (1) The decision of the respondent dated 22 April 2020 to remove three children from the care of the applicants is affirmed. (2) The decision of the respondent dated 19 October 2020 to cancel the carer authorisation of the second applicant is affirmed. Catchwords: ADMINISTRATIVE LAW – Child protection – Out of home care – Application for review of decision to remove children from care of authorised carer – Application for review of decision to cancel carer authorisations 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) Children's Guardian Act 2019 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Community Services (Complaints Reviews and Monitoring) Act 1993 (NSW) Ombudsman Act 1974 (NSW) (repealed) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34 DCP v Challenge Children's Services [2017] NSWCATAD 365 Dept of Community Services v "Rachel Grant", "Tracey Reid", "Sharon Reid" and "Frank Reid" [2010] CLN 1 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 DWA v Veritas House [2020] NSWCATAD 40 EKH v Burrun Dalai Aboriginal Corporation Inc. [2020] NSWCATAD 266 Johnson v Page [2007] Fam CA 1235 M v M [1988] HCA 68 NS & NT v Director-General, Department of Community Services [2009] NSWADT 149 Re Louise and Belinda [2009] NSWSC 534 Re Tracey [2011] NSWCA 43 YG and GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: None cited Category: Principal judgment Parties: EKH (First Applicant) EKI (Second Applicant) Burrun Dalai Aboriginal Corporation Inc (Respondent) Representation: Solicitors:
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