MI and MJ v Minister for Community Services [2004] NSWADT 133

CITATION: MI and MJ v Minister for Community Services [2004] NSWADT 133 DIVISION: Community Services Division APPLICANTS PARTIES: MI and MJ RESPONDENT Minister for Community Services FILE NUMBER: 044013 HEARING DATES: 02/07/2004 SUBMISSIONS CLOSED: 07/02/2004 DATE OF DECISION: 07/06/2004

BEFORE: Britton A - Judicial Member; Moss J - Non Judical Member; Groth D - Non Judicial Member APPLICATION: Stay of proceedings MATTER FOR DECISION: Preliminary matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Children (Care and Protection) Act 1987 Children and Young Persons (Care and Protection) Act 1998 Community Services (Complaints, Reviews and Monitoring) Act 1993 CASES CITED: Williamson v Director-General, Department of Transport [2000] NSWADT 165 Cowling v Cowling [1998] FamCA 19 (20 March 1998) APPLICANT REPRESENTATION: S Hodges,solicitor RESPONDENT T Wells, solicitor ORDERS: The Minister's decision is stayed on condition that: (i) that the applicants, agree to undertake, as soon as is reasonably possible, positive parenting training as directed or referred by the respondent; (ii) the applicants agree to comply with any requirement of the respondent concerning case conferences and counselling; (iii) the applicants agree to participate in any such case conferences or counselling sessions in a co-operative manner and to treat other participants with the same respect with which they expect to be treated and to attempt to mediate civilly any differences of opinion. The children are to be returned to the applicants' care as soon as is reasonably possible once the applicants have entered the agreement referred to in Order 1. The matter to be set down for further directions at a date to be fixed by the Registrar.