NSW Caselaw
CITATION: K -v- Minister for Community Services [1999] NSWADT 25
DIVISION: Community Services
APPLICANT: K
RESPONDENT: Minister for Community Services
FILE NUMBER: 288
HEARING DATES: 31/03/99
SUBMISSIONS CLOSED: 31/03/99
DATE OF DECISION: 28 April 1999
N Hennessy - Deputy President BEFORE: B Gelin - Judicial Member L Nagle - Member
PRIMARY LEGISLATION: Children (Care and Protection) Act 1987
APPLICATION: Guardianship - refusal to terminate guardianship of a ward -
MATTER FOR DECISION: Principal matter
Applicant: In person REPRESENTATION: Respondent: M Daniel
ORDERS: 1. The decision made by the delegate of the Minister for Community Services under s.112(1)(e) of the Children (Care and Protection) Act 1987, to refuse to terminate the Minister's guardianship of F, is affirmed.
History of application 1 This is an application by Mr K for review of a decision by a delegate of the Minister for Community Services. The decision, made under s 112(1)(e) of the Children (Care and Protection) Act 1987, was to refuse to terminate the Minister's guardianship of the applicant's ten year old daughter, F. On 26 June 1997, F was declared to be a ward until she attains the age of 18 years. Mr K requested that the Minister's guardianship be terminated and that F be returned to his care. The Minister's delegate refused this application and it is this decision which the Tribunal has been asked to review.
Issues and legislation 2 In cases such as these, the Tribunal is required to treat the welfare and interests of the child as its paramount consideration, and must have regard to the wishes of the child if it is possible to determine those wishes. (Children (Care & Protection) Act 1987 s 89(1) and (2)). Consequently the issue is, having regard to F's wishes, whether it would promote her welfare and be in her interests to be restored to the care of her natural father. To ensure that F's wishes were known to the Tribunal we appointed a guardian ad litem, Anne Abbey, to represent her at the hearing.
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