S & anor -v- Director General, Department of Community Services [2001] NSWADT 181

CITATION: S & anor -v- Director General, Department of Community Services [2001] NSWADT 181 revised - 26/11/2001 DIVISION: Community Services Division APPLICANTS PARTIES: Mrs and Mr S RESPONDENT Director General, Department of Community Services FILE NUMBER: 014044 HEARING DATES: On papers SUBMISSIONS CLOSED: 08/21/2001 DATE OF DECISION: 11/21/2001

BEFORE: Britton A - Judicial Member; Monoghan-Nagle L - Member; Houlahan L - Member APPLICATION: Custody - decision to terminate the custody of a ward - Jurisdiction MATTER FOR DECISION: Juridiction LEGISLATION CITED : Children (Care and Protection) Act 1987 CASES CITED: McGrory -v- Director-General of the Department of Community Services (Sup Ct unreported Brownie J, 25/06/92) APPLICANTS REPRESENTATION: In person RESPONDENT L Broune, solicitor ORDERS: This matter to be set down for a directions hearing at a date to be fixed by the Registrar.

Section 126 of the Administrative Decisions Tribunal Act 1997 applies to this decision. Section 126 provides (1A) ... (1) A person must not, except with the consent of the Tribunal, publish or broadcast the name of any person:

(a) who appears as a witness before the Tribunal in any proceedings, or (b) to whom any proceedings before the Tribunal relate, or (c) who is mentioned or otherwise involved in any proceedings before the Tribunal, whether before or after the proceedings are disposed of. Maximum penalty: 10 penalty units or imprisonment for 12 months, or both. (2) This section does not prohibit the publication or broadcasting of an official report of the proceedings that includes the name of any person the publication or broadcasting of which would otherwise be prohibited by this section. (3) For the purposes of this section, a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.