FQT v Key Assets (No 1) [2022] NSWCATAD 416

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FQT v Key Assets (No 1) [2022] NSWCATAD 416 Hearing dates: 22 December 2022 Date of orders: 22 December 2022 Decision date: 22 December 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: T Simon, Principal Member Decision: (1) The application for administrative review of the respondent's decision, made on 14 December 2022, to remove children from the applicant's care is to be dealt with by the Tribunal, notwithstanding that the applicant has not applied for internal review of the decision. (2) The application for an interim order that the children be returned to the care of the applicant is granted subject to the following conditions: (i) The applicant will ensure that all media devices in the home have protection installed to prevent the children from accessing pornography. (ii) The applicant is to regularly monitor media devices in the home for access to pornography, that may have occurred by either child, and report any instances of access found to the respondent immediately. (iii) The applicant will work with Key Assets in a manner that is respectful and comply with her obligations under the Carers Code of Conduct. (iv) The applicant, will at all times, provide a home that is safe, clean and comfortable and meets the needs of the children. (v) The applicant will provide information to the respondent about the children's well-being, including issues that may arise about their development, health, behaviour and educational progress as required under the Code of Conduct or when requested by the respondent. (vi) The applicant will allow in-home visits by the respondents when requested by the respondent. (vii) The applicant will follow the directives of the respondent in relation to medical, educational and therapy interventions for the children. (viii) The applicant will follow the directives of the respondent regarding connection with the children's birth parents and significant others and promote and foster those connections. (ix) The applicant is not to speak disrespectfully or denigrate the respondent, the birth parents or significant others in the presence of the children. (3) The respondent is to arrange for the children to be returned to the care of the applicant by 4pm on 22 December 2022. (4) The publication or broadcast of the name of the children and the applicant is prohibited. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013. Note: A Reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person. Note: Either party may approach the Registry with a miscellaneous application to vary or revoke the interim order Catchwords: INTERLOCUTORY – stay – Children and Young Persons (Care and Protection) Act 1998 – out of home care - restoration Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW) Cases Cited: AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81 DHJ v Secretary, Department of Family and Community Services [2018] NSWCATAD 45 The Secretary, Department of Family and Community Services v Allana Pearl Smith [2016] NSWSC 1384 QLD Protection Security Pty Ltd v Commissioner of Police, NSW Police Force [2018] NSWCATAP 113 Category: Procedural rulings Parties: FQT (Applicant) Key Assets (Respondent) Representation: Solicitors: Care Legal (Respondent) File Number(s): 2022/383122 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.