Beard -v- Director General, Department of Community Services [1999] NSWADT 49

CITATION: Beard -v- Director General, Department of Community Services [1999] NSWADT 49

DIVISION: Community Services

APPLICANT: Dorothy Beard

RESPONDENT: Director General, Department of Community Services

FILE NUMBER: 994008

HEARING DATES:

SUBMISSIONS CLOSED: 06/23/1999

DATE OF DECISION: 9 July 1999

N Hennessy - Deputy President BEFORE: B Gelin - Member J Green - Member

PRIMARY LEGISLATION: Children (Care and Protection) Act 1987

APPLICATION: -

MATTER FOR DECISION: Preliminary matter: question of jurisdiction

Applicant: REPRESENTATION: Hunter Community Legal Centre Inc

Respondent:

ORDERS: 1. Application dismissed

1 On 21 April 1999, the applicant, Ms Dorothy Beard, lodged an application with the Tribunal for review of a decision made by the Department of Community Services that she was no longer an approved foster carer. Ms Beard is an Aboriginal woman who has fostered both Aboriginal and non-Aboriginal children for the Department of Community Services and the Aboriginal Children's Service, for approximately 20 years.

2 According to Ms Beard, in June or July 1998, three children who had been in her care for a short period made allegations to the police. The children were interviewed jointly by the Joint Investigative Team comprising police and officers from the Department of Community Services. The team made a finding and the Department wrote to the applicant on 7 August 1998 advising her that "you are no longer an approved carer."

3 The preliminary question which arises in this case is whether the Tribunal has jurisdiction to determine this application. In accordance with s 76 of the Administrative Decisions Tribunal Act 1997 (ADT Act), rather than having a hearing, the Tribunal relied on documents provided by each party to make its decision.