OO v Director-General Department of Community Services [2009] NSWADT 228

CITATION: OO v Director-General Department of Community Services [2009] NSWADT 228

DIVISION: Community Services Division

APPLICANT OO PARTIES: RESPONDENT Director-General Department of Community Services

FILE NUMBER: 094027

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 10 July 2009

DATE OF DECISION: 3 September 2009

BEFORE: Britton A - Deputy President

CATCHWORDS: Jurisdiction

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

APPLICANT In person REPRESENTATION: RESPONDENT R Young, solicitor

ORDERS: 1. The application lodged by the applicant on 26 June 2009 is dismissed for want of jurisdiction.

REASONS FOR DECISION

1 In this matter, the Director-General asserts that the Tribunal has no jurisdiction to entertain the application, made by the applicant, to review a decision concerning care arrangements for a child. The applicant is both an authorised carer and the child's maternal grandfather.

2 The subject child is a 12-year old boy for whom the Minister of Community Services has had parental responsibility since 2002. In 2000, the child was placed in the care of the applicant and his wife on a long term basis.

3 In 2005, the applicant, and his wife separated but agreed to share the care of the subject child. In 2009, a number of events occurred that led to a significant revision of the care arrangements. In February of this year an assessment of the capacities of the carers to carry out their responsibilities to the child raised various concerns. In April the child stated that he did not wish to reside full-time with either grandparent. In June 2009, a report of domestic violence by the applicant towards his new partner was made. These and other events reported to the Department led, in June 2009, to the decision against which the applicant now seeks to be reviewed.