ELR v Secretary, Department of Communities and Justice [2022] NSWCATAD 144

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ELR v Secretary, Department of Communities and Justice [2022] NSWCATAD 144 Hearing dates: 14 and 15 January 2021, 25 February 2021 Submissions closed, 24 March 2021 Findings of the respondent's reportable conduct unit, 7 February 2022 Date of orders: 05 May 2022 Decision date: 05 May 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member D Crowley, General Member Decision: The decision of the Respondent to remove the children from the care of the applicants made on 28 May 2020 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 – restoration of children – unacceptable risk of harm Legislation Cited: Administrative Decisions Review Act 1997(NSW) Adoption Act 2000 Adoption Information Act 1990 Children and Young Persons (Care and Protection) Regulation 2012 Children and Young Persons (Care and Protection) Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) 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: ELR & ELS (Applicants) Secretary, Department of Communities and Justice (Respondent) Representation: Counsel: Mr M Higgins (Respondent)