QB v Minister for Community Services [2005] NSWADT 89

CITATION: QB v Minister for Community Services [2005] NSWADT 89 DIVISION: Community Services Division APPLICANT PARTIES: QB RESPONDENT Minister for Community Services FILE NUMBER: 044011, 044019 HEARING DATES: 8/12/2004, 10/12/2004 & 13/12/2004 SUBMISSIONS CLOSED: 01/03/2005 DATE OF DECISION: 04/27/2005

BEFORE: Britton A - Judicial Member; Smyth M - Judicial Member; Norman C - Non Judicial Member APPLICATION: Removal of children from authorised carer - Revocation of care authorisation MATTER FOR DECISION: Principal 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: APPLICANT REPRESENTATION: In person RESPONDENT E Robertson, solicitor ORDERS: The decision to remove the children the subject of this application is affirmed; The decision to revoke the Applicant's carer authorisation is affirmed. It is recommended that the Applicant be offered further training as a potential foster carer and that she be reassessed at a suitable date in, say, 12 months time.

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.