A and anor v Minister for Community Services and ors [2007] NSWADT 208

CITATION: A and anor v Minister for Community Services and ors [2007] NSWADT 208

DIVISION: Community Services Division

APPLICANT Ms A and Mr B RESPONDENT PARTIES: Minister for Community Services JOINED PARTY ONE BY JOINED PARTY TWO BZ

FILE NUMBER: 074002

HEARING DATES: 12,13,14,15 June 2007 and 1,2,3 August 2007

SUBMISSIONS CLOSED: 22 August 2007

DATE OF DECISION: 10 September 2007

BEFORE: Smyth M - Judicial Member; Monaghan-Nagle L - Non Judicial Member; Norman C - Non Judicial Member

CATCHWORDS: Removal of children from authorised carer

MATTER FOR DECISION: Principal matter

Aboriginal Land Rights Act 1983 Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Children and Young Persons (Care and Protection) Act 1998 Crimes (Sentencing Procedure) Act 1999 Evidence Act 1995

CASES CITED: YG & GG v Minister for Community Services [2002] NSWCA 246

APPLICANT J McIntosh, solicitor

RESPONDENT REPRESENTATION: G Moore, barrister JOINED PARTY ONE J Blissett, solicitor JOINED PARTY TWO H Merten, solicitor

ORDERS: The decision to remove the children who are the subject of this application is affirmed

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.