FMP v Secretary, Department of Communities and Justice [2022] NSWCATAD 330

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FMP v Secretary, Department of Communities and Justice [2022] NSWCATAD 330 Hearing dates: 29 September 2022 Date of orders: 11 October 2022 Decision date: 11 October 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member Decision: The application for a stay is refused Catchwords: INTERLOCUTORY – stay – Children and Young Persons (Care and Protection) Act 1998 – out of home care - restoration – cancellation of authorised carers authorisation Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW) Cases Cited: AHJ v NSW Trustee and Guardian [2011] NSWADT 311 DFS and DFT v Challenge Community Services [2017] NSWCATOD 177 The Secretary, Department of Family and Community Services v Allana Pearl Smith [2016] NSWSC 1384 Ucer Investments and Resources Management Pty Ltd v Commissioner for Fair Trading [2016] NSWCATAD 147 Category: Procedural rulings Parties: FMP & FMQ (Applicants) Secretary, Department of Communities and Justice (Respondent) Representation: Solicitors: Applicants (Self-represented) Crown Solicitor (Respondent) File Number(s): 2022/00252746 Publication restriction: Pursuant to s 65 of the Civil and Administrative Tribunal Act (2013), prohibiting the publication or broadcast of the name of the applicant, any person who appears as a witness and any child referred to in these proceedings.