GHR v William Campbell Foundation [2024] NSWCATAD 120

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GHR v William Campbell Foundation [2024] NSWCATAD 120 Hearing dates: 30 April 2024 Date of orders: 06 May 2024 Decision date: 06 May 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J Gatland, Senior Member Decision: (1) The application for administrative review of the respondent's decision to remove the Child 1 and Child 2 from the Applicant's care is to be dealt with by the Tribunal notwithstanding that the Applicant has not applied for an internal review of the decision. (2) The application for an interim order that the children be returned immediately to the care of the Applicant is granted, subject to the following conditions: (a) The Applicant is to follow all directions of the Respondent concerning home visits and attending on her counsellor; (b) The Applicant will strictly comply with the Carer's Code of Conduct; (c) The Applicant is not to speak disrespectfully or denigrate any family member of Child 1 and Child 2, including Half-sister 1, Half-sister 2, Half-sister 3 and Sister. (d) The Applicant will maintain prompt contact with the staff of the Respondent via telephone and text message and will ensure, as far as possible that she is contactable by the Respondent at all times; (e) The Applicant will follow the directions of the Respondent concerning facilitation of contact by Child 1 and Child 2 of Sister and their half-siblings and birth parents; (3) Child 1 and Child 2 are to be separately represented. (4) Department of Communities and Justice is joined as a Respondent. (5) Pursuant to the Civil and administrative Tribunal Act 2013 (NSW), s 64(1)(a), the publication or broadcast of the names of Child 1 or Child 2 and the Applicant is prohibited. 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 are at liberty to file with the Tribunal an application for miscellaneous matters seeking to vary or revoke the interim orders. Catchwords: INTERLOCUTORY – stay – Children and Young Persons (Care and Protection) Act 1998 – out of home care – restoration of care placement pending final determination – consideration of factors Legislation Cited: Administrative Decisions Review Act 1997 Children and Young Persons (Care and Protection) Act 1998, s 245 Children's Guardian Act 2019 (NSW), s 72 Civil and Administrative Tribunal Act 2013 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW), s 28(1)(a) Cases Cited: Australian Broadcasting Corp (ABC) v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 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 FQT v Key Assets (No 1) [2022] NSWCATAD 416 QLD Protection Security Pty Ltd v Commissioner of Police, NSW Police Force [2018] NSWCATAP 113 Secretary of Family and Community Services v Allana Pearl Smith [2016] NSWSC 1384 Texts Cited: Department of Communities and Justice; Assessment https://dcj.nsw.gov.au/service-providers/oohc-and-permanency-support-services/permanency-case-management-policy/pcmp-rules-and-practice-guidance/assessment.html, accessed 1 May 2024 Office of the Children's Guardian, "Statutory out-of-home-care and adoption agency listing" https://ocg.nsw.gov.au/statutory-out-of-home-care accessed 1 May 2024 Category: Procedural rulings Parties: GHR (Applicant) William Campbell Foundation (Respondent) Representation: Applicant (self-represented) T Ryan (Regional Manager, William Campbell Foundation) (Respondent) File Number(s): 2024/00154670 Publication restriction: Pursuant to the Civil and Administrative Tribunal Act 2013 (NSW), s 65, 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 is prohibited.