M -v- Minister, Department of Community Services [2000] NSWADT 49

CITATION: M -v- Minister, Department of Community Services [2000] NSWADT 49 DIVISION: Community Services Division APPLICANT M PARTIES: RESPONDENT Minister, Department of Communbity Services FILE NUMBER: 004006 HEARING DATES: 06/04/00 SUBMISSIONS CLOSED: 04/06/2000 DATE OF DECISION: 05/05/2000

BEFORE: Hennessy N (Deputy President); Norman C - Member; Monoghan-Nagle L - Member APPLICATION: Custody - decision to terminate the custody of a ward MATTER FOR DECISION: Interim order LEGISLATION CITED : Children (Care and Protection) Act 1987 McGrory -v- Director General of the Department of Community Services, Brownie J, unreported 25 June 1992 CASES CITED: Brittain -v- Minister for Family and Community Services, McLelland J, 23 December 1991 Talbot -v- the Minister for Community Services and Ors, Young J, 25 June 1993, unreported APPLICANT REPRESENTATION: P Braine, barrister RESPONDENT D Wells, solicitor ORDERS: 1. Application dismissed.

Background 1 This is an application by M for an interim order to affect the decision of the Minister for Community Services to terminate the custody of a child. 2 On 25 May 1995 the Children's Court made a child, (born on 13/10/94) a ward of the Minister for Community Services for two years. (In these reasons, the child will be referred to as "B" to preserve anonymity.) The court extended this period in July 1997 until the child's 18th birthday. B resided with Ms M until 29 March 2000 when he was removed by Burnside, a non-government agency which was supervising B's placement with Ms M.