TJ v Department of Human Services, Community Services [2010] NSWADT 178

CITATION: TJ v Department of Human Services, Community Services [2010] NSWADT 178

DIVISION: Community Services Division

APPLICANT TJ PARTIES: RESPONDENT Department of Human Services, Community Services

FILE NUMBER: 104005

HEARING DATES: 15 April 2010

SUBMISSIONS CLOSED: 15 April 2010

EXTEMPORE DECISION DATE: 15 April 2010 BEFORE: Higgins S - Judicial Member

CATCHWORDS: Dismissal - application misconceived and lacking in substance

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

APPLICANT In person REPRESENTATION: RESPONDENT Ms Selwood, solicitor

ORDERS: Application dismissed under s.73(5)(g)(ii) of the Administrative Decisions Tribunal Act 1997on the grounds that the application is misconceived and lacking in substance.

REASONS FOR DECISION

1 The applicant, TJ, is the mother of 4 children in regard to which the Children's Court made final orders, under s79 of the Children and Young Persons (Care and Protection) Act 1998, granting parental responsibility for each child to the Minister for Community Services (the Minister), until the child reaches 18 years of age. These orders were made on 18 June 2008 and 30 July 2008.

2 On 22 March 2010, the applicant lodged an application for review of a decision of the respondent Department. In her application, the applicant described the decision for which she sought review as follows: 'I [name of the applicant] the mother of my children [names of the 4 children] to be removed from Blue Mountain and transfer in my relative home rather than suffering …'