PR v Department of Community Services [2009] NSWADT 277

CITATION: PR v Department of Community Services [2009] NSWADT 277

DIVISION: Community Services Division

APPLICANT PR PARTIES: RESPONDENT Department of Community Services

FILE NUMBER: 094031

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 14 October 2009

DATE OF DECISION: 6 November 2009

BEFORE: Higgins S - Judicial Member

CATCHWORDS: Jurisdiction

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Children and Young Persons (Care and Protection) Act 1998 Community Services (Complaints, Appeal and Monitoring) Act 1993

CASES CITED: NV & OA v Director-General, Department of Community Services [2009] NSWADT 209

APPLICANT P Braine, barrister REPRESENTATION: RESPONDENT D Wells, solicitor

ORDERS: 1.The Tribunal has jurisdiction to hear and determine this application 2.The application is set down for directions on 17 December 2009 at 10am.

REASONS FOR DECISION

1 The applicant seeks review of a decision of the respondent to place the child of her grandson into the care of an approved foster carer ('the current carers'). She seeks review of the decision as she wishes to have the child placed in her care. The child is almost 4 years old. On 15 December 2008, on the application of the respondent, the Children's Court made final orders, under s79(1)(b) of the Children and Young Persons (Care and Protection) Act 1998, granting the Minister parental responsibility over the child and his younger half sibling. The younger half sibling is not a child of the applicant's grandson and is not the subject of this application.