GMD v CASPA Services Ltd [2024] NSWCATAD 227

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GMD v CASPA Services Ltd [2024] NSWCATAD 227 Hearing dates: 1 August 2024 Date of orders: 6 August 2024 Decision date: 06 August 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J Gatland, Senior Member Decision: (1) The application for an interim order seeking the immediate return of a child formerly in the care of the Applicant is dismissed. (2) The application for an interim order that there be a change of agency is dismissed. (3) Pursuant to the Civil and Administrative Tribunal Act 2013 (NSW), s 64(1)(a), the publication or broadcast of the name of the child and the Applicant is prohibited. NOTE: A reference to a person's name includes any information, picture, or other material that identifies the person or is likely to lead to the identification of the person. (4) 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. (5) Pursuant to Civil and Administrative Tribunal Act 2013, s 64(1)(c) and s 64(1)(d), the contents of all paragraphs in these Reasons marked "[NOT FOR PUBLICATION]" are not to be published or released to the Applicant or the public. (6) With regard to the further management of these proceedings: (a) The child is to be separately represented. (b) Department of Communities and Justice is joined as a Respondent and notified of these proceedings. (c) The child's grandfather is to be advised of these proceedings and may be joined as a Respondent if he wishes. (d) The Respondent is to give to the Tribunal and all other parties documents pursuant to the Administrative Decisions Review Act, s 58 by 30 August 2024. (e) The Applicant is to give her evidence, including witness statements, documents, and submissions in support of the application for administrative review, to the tribunal and all other parties by 27 September 2024. (f) The matter is listed for directions in the Community Services List for further progress, including the timetable for exchanging any further evidence and submissions and the joinder of parties at a date after 27 September 2024, as advised by the Registry. (g) The following directions apply to the Respondent's s 59 Application: (i) The Respondent is to provide to the Tribunal and all other parties with any application for orders under s 59 of the Administrative Decisions Review Act 1997 and s 64 of the Civil and Administrative Tribunal Act 2013 (the s 59 Application), and open evidence and submissions in support of that application, by 6 September 2024. (ii) The Respondent is to provide to the Tribunal only any confidential evidence and submissions in support of the s 59 Application and the documents the subject of that application by 6 September 2024. (iii) The Applicant is to provide to the Tribunal and all other parties any evidence and submissions in response to the s 59 Application by 20 September 2024. (iv) The matter is to be listed for an AVL hearing of the s 59 Application for one hour on a date to be advised by the Registry. (v) Pursuant to the Civil and Administrative Tribunal Act 2013, s 64(1)(d), the disclosure to the Applicant or her legal representative of any confidential evidence or material provided to the Tribunal in accordance with Order 3 ("the Confidential Material") is prohibited until the determination of the s 59 Application or further order of the Tribunal. (vi) Pursuant to the Civil and Administrative Tribunal Act 2013, s 64(1)(c), the publication of the Confidential Material is prohibited until the determination of the s 59 application or further order of the Tribunal. Catchwords: INTERLOCUTORY – stay – Children and Young Persons (Care and Protection) Act 1998 – out of home care – consideration of factors for restoration of care placement pending final determination 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 Kioa v West (1985) 159 CLR 550; [1985] HCA 81 Loveday v Commissioner for Fair Trading [2018] NSWCATAD 80 QLD Protection Security Pty Ltd v Commissioner of Police, NSW Police Force [2018] NSWCATAP 113 Re Scott and Australian Securities and Investments Commission [2009] AATA 798 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152; [2006] HCA 63 Texts Cited: NSW Child, Family and Community Peak Aboriginal Corporation (AbSec) and Department of Communities and Justice "Aboriginal Case Management Policy: Strengthening Aboriginal families, delivering outcomes for Aboriginal children and young people" October 2018 https://dcj.nsw.gov.au/documents/service-providers/out-of-home-care-and-permanency-support-program/aboriginal-case-management-policy/Aboriginal-Case-Management-Policy-2018.pdf accessed 2 August 2024 NSW Child, Family and Community Peak Aboriginal Corporation (AbSec) and Department of Communities and Justice "Aboriginal Case Management Policy: Rules and Practice Guidance" March 2023 https://dcj.nsw.gov.au/documents/service-providers/out-of-home-care-and-permanency-support-program/aboriginal-case-management-policy/ACMP-Rules-and-Practice-Guidance.pdf accessed 5 August 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 2 August 2024 Royal Commission into Institutional Responses to Child Sexual Abuse, Final Report – Volume 4 Identifying and disclosing child sexual abuse (December 2017) father Category: Procedural rulings Parties: GMD (Applicant)