FYE and FZA v Secretary, Department of Communities and Justice [2024] NSWCATAD 94

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FYE and FZA v Secretary, Department of Communities and Justice [2024] NSWCATAD 94 Hearing dates: 16 February 2024 Date of orders: 10 April 2024 Decision date: 10 April 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: M Anderson, Senior Member S Davison, General Member Decision: The decision made on 27 April 2023 to revoke the authorisation of the Applicants as carers for the kinship care of their grandson is upheld and affirmed as the correct and preferable decision. Catchwords: ADMINISTRATIVE LAW — provisional authorisation as kinship carers — cancellation of authorisation — best interests of child Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Children and Young Persons (Care and Protection) Amendment (Family is Culture) Act 2022 No 67 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW) Children and Young Persons (Care and Protection) Regulation 2022 (NSW) Cases Cited: AQY & AQZ v Administrative Decisions Tribunal of New South Wales [2013] NSWSC 1028 YG v GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: Nil Category: Principal judgment Parties: FYE (First Applicant) FZA (Second Applicant) Secretary, Department of Communities and Justice (Respondent) Representation: Solicitors: Gonzalez and Co (Applicants) A Wood (Department of Communities and Justice) (Respondent) File Number(s): 2023/00255749 Publication restriction: Pursuant to section 65 of the Civil and Administrative Tribunal Act 2013 and section 105 of the Children and Young Persons (Care and Protection) Act 1998 (NSW), there is to be no publication or broadcast of any evidence or material without the consent of the Tribunal that identifies or is likely to lead to the identification of the Applicants, any witness, or any children named in these proceedings. Note that 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.