HB and anor v Director General, Department of Community Services [2008] NSWADT 207

CITATION: HB and anor v Director General, Department of Community Services [2008] NSWADT 207

DIVISION: Community Services Division

APPLICANTS HB and HC PARTIES: RESPONDENT Director General, Department of Community Services

FILE NUMBER: 074036

HEARING DATES: 11-13 March 2008

SUBMISSIONS CLOSED: 28 July 2008

DATE OF DECISION: 29 July 2008

BEFORE: Britton A - Deputy President; Moss J - Non Judical Member; Goodman-Dulhunty J Dr - Non Judicial Member

CATCHWORDS: Revocation of care authorisation

MATTER FOR DECISION: Principal matter

LEGISLATION CITED : Administrative Decisions Tribunal Act 1998 Community Services (Complaints, Reviews and Monitoring) Act 1993

CASES CITED: YG & GG v Minister for Community Services [2002] NSWCA 247 McDonald v Guardianship Administration Board [1993] 1 VR 521

APPLICANTS J McIntosh, barrister

REPRESENTATION: RESPONDENT E Picker, barrister

SUBJECT CHILDREN K Rowley, solicitor

ORDERS: Affirm the respondent's decision to revoke the applicants' carer authorities.

Section 126 of the Administrative Decisions Tribunal Act 1997 applies to this decision. Section 126 provides (1A) This section applies only to the following:

(a) proceedings in the Community Services Division of the Tribunal, (b) appeals to an Appeal Panel from a decision made by the Tribunal in the Community Services Division,

(b1) proceedings in relation to an external appeal made under section 67A of the Guardianship Act 1987 or section 21A of the Protected Estates Act 1983, (b2) proceedings in relation to a reviewable decision made under the Guardianship Act 1987 or the Protected Estates Act 1983 (c) such other proceedings (or class or classes of proceedings) as may be prescribed by the regulations for the purposes of this section.