Worthy -v- Minister, Community Services [2001] NSWADT 195

CITATION: Worthy -v- Minister, Community Services [2001] NSWADT 195 DIVISION: Community Services Division APPLICANTS PARTIES: Anthony and Robyn Worthy RESPONDENT Minister, Community Services FILE NUMBER: 014035 HEARING DATES: On the papers SUBMISSIONS CLOSED: 08/01/2001 DATE OF DECISION: 11/22/2001

BEFORE: Britton A - Judicial Member; Groth D - Member; Dobell D - Member APPLICATION: Jurisdiction MATTER FOR DECISION: Principal matter LEGISLATION CITED : Children (Care and Protection) Act 1987 CASES CITED: The Mutual Life and Citizens' Assurance Company Ltd -v- Attorney General (Qld) & anor (1961) 106 CLR 48 APPLICANTS REPRESENTATION: In person RESPONDENT L Broune, solicitor ORDERS: Application dismissed.

Section 126 of the Administrative Decisions Tribunal Act 1997 applies to this decision. Section 126 provides: (1A) ... (1) A person must not, except with the consent of the Tribunal, publish or broadcast the name of any person: (a) who appears as a witness before the Tribunal in any proceedings, or (b) to whom any proceedings before the Tribunal relate, or (c) who is mentioned or otherwise involved in any proceedings before the Tribunal, whether before or after the proceedings are disposed of. Maximum penalty: 10 penalty units or imprisonment for 12 months, or both. (2) This section does not prohibit the publication or broadcasting of an official report of the proceedings that includes the name of any person the publication or broadcasting of which would otherwise be prohibited by this section. (3) For the purposes of this section, 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. 1 Anthony and Robyn Worthy (the applicants) have lodged an application with the Administrative Decisions Tribunal for a review of a decision made by the Department of Community Services (the Department) to revoke their approval to provide foster care. This is a decision "on the papers," pursuant to s.76 of the Administrative Decisions Tribunal Act , 1997 (the Tribunal Act) and concerns the Tribunal's jurisdiction to entertain this application.