Goode v Minister for Community Services [2004] NSWADT 107

CITATION: Goode v Minister for Community Services [2004] NSWADT 107 DIVISION: Community Services Division APPLICANTS PARTIES: Heather Goode and Geoffrey Goode RESPONDENT Minister for Community Services FILE NUMBER: 034051 HEARING DATES: 7/05/2004 SUBMISSIONS CLOSED: 05/07/2004 DATE OF DECISION: 06/03/2004

BEFORE: Britton A - Judicial Member; Moss J - Non Judical Member; Norman C - Non Judicial Member APPLICATION: Custody - decision to terminate the custody of a ward MATTER FOR DECISION: Jurisdiction 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: Minister, Community Services v Mrs A (CSD) [2002] NSWADTAP 32 M -v- Minister, Department of Community Services [2000] NSWADT 49 APPLICANTS REPRESENTATION: M Darke, barrister RESPONDENT D Wells, solicitor ORDERS: 1. The Tribunal has jurisdiction to determine the application for review; 2. Within 14 days of the date of these reasons the Respondent is to lodge with the Tribunal any or all documents as required bys 58(1)(b) of the Administrative Decisions Tribunal Act 1997; 3. The matter to be set down for further directions on Tuesday 22 June 2004 at 12.30pm.

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. (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.