H -v- Minister for Community Services [2001] NSWADT 33

CITATION: H -v- Minister for Community Services [2001] NSWADT 33 DIVISION: Community Services Division APPLICANT PARTIES: H RESPONDENT Minister for Community Services FILE NUMBER: 004015 HEARING DATES: 26/02/2001 SUBMISSIONS CLOSED: 02/26/2001 DATE OF DECISION: 03/01/2001

BEFORE: Hennessy N (Deputy President); Gelin B - Member; Mason J - Member APPLICATION: Guardianship - refusal to terminate guardianship of a ward MATTER FOR DECISION: Preliminary matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Children (Care and Protection) Act 1987 Community Services (Complaints, Appeals and Monitoring) Act 1993 CASES CITED: APPLICANT REPRESENTATION: In person RESPONDENT D Smith, solicitor ORDERS: 1. The Tribunal declines to hear this applcation.

Introduction 1 On 13 November 2000, Ms H applied to the Tribunal for a review of a decision of the Minister of Community Services (the Minister) to refuse to terminate the guardianship of her son who had been made a ward on 15 June 1999. 2 The Tribunal held a preliminary conference on 5 December 2000. At that stage, Ms H had already lodged an application with the Children's Court for a variation and/or rescission of the wardship order. Because the substance of Ms H's applications to the Children's Court and the Tribunal were virtually identical, I explained to Ms H at the preliminary conference that the Tribunal may consider declining to hear her application unless she withdrew her application before the Children's Court. 3 Ms H wrote to the Tribunal on 7 December 2000 advising that she had decided to continue her application with the Tribunal. She added that: "I also will be stopping the rescission order at the Court."