FWY v Biripi Aboriginal Corporation Medical Centre [2024] NSWCATAD 70

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FWY v Biripi Aboriginal Corporation Medical Centre [2024] NSWCATAD 70 Hearing dates: 25 and 26 October 2023 Submissions closed 5 December 2023 Date of orders: 13 March 2024 Decision date: 13 March 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member S Davison, General Member Decision: 1. The decision of the first respondent made on 11 July 2023 to remove two children from the care of the applicant is set aside. 2. The Applicant shall file and serve any submissions and evidence on the question of costs no later than seven days after publication of these reasons. 3. The Respondents shall file and serve any submissions and evidence on the question of costs no later than fourteen days after publication of these reasons. 4. The Applicant shall file and serve any submissions and evidence in reply on the question of costs no later than twenty-one days after publication of these reasons. 5. The submissions should address whether a hearing on the question of costs can be dispensed with pursuant to s 50(2) of the NCAT Act and whether the special circumstances provisions of s 60 of the NCAT Act apply. Catchwords: ADMINISTRATIVE LAW – child protection – out of home care – application for review of decision to remove children from care of authorised carer – reliability of comparative assessment report – cultural assessment – kinship placement – Aboriginal children in out of home care – restoration of children Legislation Cited: Administrative Decisions Review Act 1997 Children and Young Persons (Care and Protection) Act 1998 Civil and Administrative Tribunal Act 2013 Community Services (Complaints, Reviews and Monitoring) Act 1993 Cases Cited: Briginshaw v Briginshaw [1938] HCA 34 Department of Community and Services v "Rachel Grant", "Tracy Reid", "Sharon Reid" and "Frank Reid" [2010] CLN 1 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Isles & Neilssen [2022] FedCFamC1A 97 Langarde & Coubert [2022] FedCFamC1F 596 M v M [1988] HCA 68 NS & NT v Director-General, Department of Community Services [2009] NSWADT 149 Re Lucinda Porter (No 2) [2023] NSWChC 2 YG and GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: FWY (Applicant) Biripi Aboriginal Corporation Medical Centre (First Respondent) Secretary, Department of Communities and Justice (Second Respondent) Representation: Solicitors: Care Legal (Applicant) McAuley Lawyers (First Respondent) Crown Solicitor (Second Respondent) Ms C Bennett (Separate Representative) File Number(s): 2023/00224406 Publication restriction: (1) Section 65 of the Civil and Administrative Tribunal Act 2013 (NSW) applies to these proceedings.