GSF v William Campbell Foundation [2024] NSWCATAD 379

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GSF v William Campbell Foundation [2024] NSWCATAD 379 Hearing dates: 20 November 2024 Date of orders: 13 December 2024 Decision date: 13 December 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 children the subject of these proceedings from the care of the Applicants is to be dealt with by the Tribunal notwithstanding that the Applicants have 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 Applicants is dismissed. 3. The Respondent is to ensure that the Applicants have continued supervised contact with the children on at least the following basis: (a)The Applicants have Facetime or other, similar audio-visual contact with the Group A twice-weekly. (b) The Applicants have Facetime or other, similar audio-visual contact with the Group B twice-weekly. (c) The Respondent is to arrange for in-person supervised visits to occur each fortnight between the Applicants and the Group A children. (d) The Respondent is to arrange for in-person supervised visits to occur each fortnight between the Applicants and the Group B children. NOTE: Either, or all, parties are at liberty to file with the Tribunal an application for miscellaneous matters seeking to vary or revoke the interim orders at (3) concerning the nature, mode and extent of supervised contact. 4. The Respondent is to ensure that a social story for the children includes pictures and contact details of the Applicants and their extended family who have featured in the children's lives. 5. The Group A children and Child 4 are to be separately represented. 6. Department of Communities and Justice is joined as a Respondent. 7. Pursuant to the Civil and Administrative Tribunal Act 2013 (NSW), s 64(1)(A), the publication or broadcast of the names of the children the subject to of these proceedings and the Applicants is prohibited. 8. 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. 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. Catchwords: INTERLOCUTORY – Stay – Children and Young Persons (Care and Protection) Act 1998 – out of home care – application for restoration of care placement pending final determination – consideration of factors Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Children's Guardian Act 2019 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW) 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 GHR v William Campbell Foundation [2024] NSWCATAD 120 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 Category: Procedural rulings Parties: GSF (First Applicant) GSG (Second Applicant) William Campbell Foundation (Respondent) Representation: Solicitors: Care Legal (Applicants) NLS Law (Respondent) File Number(s): 2024/ 00402120 Publication restriction: Pursuant to the Civil and Administrative Tribunal Act 2013 (NSW), s 64(1)(A), the publication or broadcast of the names of the children the subject to of these proceedings and the Applicants is prohibited. 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.