HA v Minister for Community Services [2003] NSWADT 149

CITATION: HA v Minister for Community Services [2003] NSWADT 149 revised - 28/07/2003 DIVISION: Community Services Division APPLICANTS Mr HA PARTIES: Mrs HA RESPONDENT Minister for Community Services FILE NUMBER: 034013 HEARING DATES: 14/04/2003, 15/04/2003, 16/04/2003, 30/05/2003, 02/06/2003 SUBMISSIONS CLOSED: 06/12/2003 DATE OF DECISION: 06/20/2003

BEFORE: Britton A - Judicial Member; Monoghan-Nagle L - Member; Groth D - Member APPLICATION: Custody - decision to terminate the custody of a ward MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Children (Care and Protection) Act 1987 Community Services (Complaints, Reviews and Monitoring) Act 1993 McDonald v Guardianship Administration Board [1993] 1 VR 521 at 530 (SupCtVic, Appeal Div) Taylor v Director-General, Department of Transport [2001] NSWADTAP 29 CASES CITED: Fletcher v Commissioner of Taxation (1988) 84 ALR 295 Tutugri v Minister for Immigration & Multicultural Affairs [1999] FCA 1785 YG & GG v Minister for Community Services [2002] NSWCA 24 APPLICANTs In Person (14 April 15 April and 16 April 2003) M Attia, solicitor (30 May and 2 June 2003) REPRESENTATION: RESPONDENT M O'Brien, barrister GUARDIAN AD LITEM C Hogg, barrister ORDERS: 1. Decision under review is affirmed.; 2. The Tribunal makes the following recommendations: First, that EF be placed at Boystown as soon as it is possible to do so. Second, that he be given a full psychological assessment. Third, that DoCS liaises with the Department of Juvenile Justice with a view to diverting EF from the Juvenile Justice system. Fourth, that the applicants be re-assessed at an appropriate time as to their suitability as foster-carers for EF. Fifth, that, if with counselling or training or both Mr and Mrs HA's suitability as foster parents can be improved that EF be reunited with his grandparents.