FGW v Department of Communities and Justice [2022] NSWCATAD 291

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FGW v Department of Communities and Justice [2022] NSWCATAD 291 Hearing dates: 17 March 2022 and 26 April 2022 Date of orders: 29 August 2022 Decision date: 29 August 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member Decision: Leave for the complaint against the Department of Communities and Justice to proceed is refused. Catchwords: HUMAN RIGHTS — equal opportunity — whether leave required for complaint to proceed — principles applying to grant of leave Legislation Cited: Anti-Discrimination Act 1977 (NSW) Children and Young Persons (Care and Protection) Act 1988 (NSW) Cases Cited: Ekermawi v Administrative Decisions Tribunal of New South Wales & Ors [2009] NSWSC 143 Jones & Anor v Ekermawi [2009] NSWCA 388 Prakash v Bobb Borg Enterprises Pty Ltd [1999] NSWAST 73 Category: Principal judgment Parties: FGW (Applicant) Department of Communities and Justice (Respondent) Representation: Applicant (Self-represented) Crown Solicitor (Respondent) File Number(s): 2022/00016203 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 the publication or broadcast of the name of the Applicant in these proceedings is prohibited. Note: A reference to the name of the Applicant includes a reference to any information, picture or other material that identifies the Applicant or is likely to lead to the identification of the Applicant.

REASONS FOR DECISION 1. FGW is the mother of two children who have been removed from her care pursuant to s 43(1) of the Children and Young Persons (Care and Protection) Act 1988 (NSW) (the "Care Act") following a decision made by the respondent and later the Children's Court. FGW alleged that in doing so, she has been discriminated against on the grounds of a disability, being a diagnosis of borderline personality disorder (BPD) and a drug addiction. 2. At the request of FGW, the hearing which was first listed on 17 March 2022 was adjourned. These reasons for decision relate to the adjourned hearing of the leave application which proceeded on 26 April 2022.