M v Minister for Community Services [1999] NSWADT 2

CITATION: M v Minister for Community Services [1999] NSWADT 2

DIVISION: Community Services

APPLICANT: M

RESPONDENT: Minister for Community Services

FILE NUMBER: 290

HEARING DATES: 18/12/98

SUBMISSIONS CLOSED: 18/12/98

DATE OF DECISION: 9 February 1999

Nancy Hennessy - Deputy President BEFORE: Linda Monoghan-Nagle - Member Deborah Brennan - Member

PRIMARY LEGISLATION: Children (Care and Protection) Act 1987

APPLICATION: Guardianship - Application for review of Minister's decision to refuse to terminate the guardianship of two wards

MATTER FOR DECISION: Principal matter

Applicant: unrepresented REPRESENTATION: Respondent: unrepresented

ORDERS: Minister's decision to refuse to terminate guardianship of two wards affirmed.

Background to appeal

1 On 22 September 1998, M lodged an appeal against a decision of the Department of Community Services (the Department) refusing to return two of her children to her care. The children, A (aged 4) and B (aged 2 ½) were made wards of the state on 14 August 1996 for 12 months and placed in foster care. They were made wards for a further two years on 19 November 1997. The Department attempted to restore the boys to M's care on 4 March 1998 but removed them again on 5 August 1998. A and B are still in foster care.

Issues and legislation 2 Jurisdiction. Under s 40(1)(a) of the Community Services (Complaints, Appeals and Monitoring) Act 1993 (CAMA) a person may make an appeal to the Tribunal "on any ground expressly provided for by the community welfare legislation." The ground in this appeal is a decision of the Minister for Community Services to refuse to terminate her guardianship of a ward (Section 112(1)(e) of the Children (Care and Protection) Act 1987.