CI & CJ-v- Director General, Department of Community Services [2002] NSWADT 85

Set aside by Appeal : Set aside by appeal on 1/11/2001

CITATION: CI & CJ-v- Director General, Department of Community Services [2002] NSWADT 85 DIVISION: Community Services Division APPLICANTS CI PARTIES: CJ RESPONDENT Director General, Department of Community Services FILE NUMBER: 014053 HEARING DATES: 22/08/2001 SUBMISSIONS CLOSED: 10/03/2001 DATE OF DECISION: 10/23/2001

BEFORE: Britton A - Judicial Member; Green J - Member; Gelin B - Member APPLICATION: Custody - decision to terminate the custody of a ward MATTER FOR DECISION: Jurisdiction LEGISLATION CITED : Children (Care and Protection) Act 1987 CASES CITED: APPLICANTS REPRESENTATION: In person RESPONDENT D Wells, solicitor ORDERS: The Tribunal has jurisdiction to determine the applicants' application.

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.