Smith & anor v Minister for Community Services [2004] NSWADT 98

CITATION: Smith & anor v Minister for Community Services [2004] NSWADT 98 DIVISION: Community Services Division APPLICANTS PARTIES: Saras Smith and Edward Smith RESPONDENT Minister for Community Services FILE NUMBER: 034034 HEARING DATES: 19/04/2004 SUBMISSIONS CLOSED: 04/19/2004 DATE OF DECISION: 05/25/2004

BEFORE: Britton A - Judicial Member; Groth D - Non Judicial Member; Monaghan-Nagle L - Non Judicial Member APPLICATION: Jurisdiction MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Children (Care and Protection) Act 1987 Children and Young Persons (Care and Protection) Act 1998 Community Services (Complaints, Reviews and Monitoring) Act 1993 CASES CITED: APPLICANT REPRESENTATION: M Darke, barrister RESPONDENT D Wells, solicitor ORDERS: Application is dismissed

Section 126 of the Administrative Decisions Tribunal Act 1997 applies to this decision. Section 126 provides (1A) This section applies only to the following:

(a) proceedings in the Community Services Division of the Tribunal, (b) appeals to an Appeal Panel from a decision made by the Tribunal in the Community Services Division, (b1) proceedings in relation to an external appeal made under section 67A of the Guardianship Act 1987 or section 21A of the Protected Estates Act 1983, (b2) proceedings in relation to a reviewable decision made under the Guardianship Act 1987 or the Protected Estates Act 1983 (c) such other proceedings (or class or classes of proceedings) as may be prescribed by the regulations for the purposes of this section.