MI v Communicare Sydney [2009] NSWADT 164

CITATION: MI v Communicare Sydney [2009] NSWADT 164

DIVISION: Community Services Division

APPLICANT MI PARTIES: RESPONDENT Communicare Sydney

FILE NUMBER: 094009

HEARING DATES: 15 & 18 May 2009

SUBMISSIONS CLOSED: 25 June 2009

DATE OF DECISION: 26 June 2009

BEFORE: Britton A - Deputy President; Goodman-Delahunty J - Non-Judicial Member; Foreman P - Non-Judicial Member

CATCHWORDS: Review of decision to deregister a family day care carer

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Children's Services Regulation 2004

CASES CITED: YG & GG v Minister for Community Services [2002] NSWCA 247 McDonald v Guardianship Administration Board [1993] 1 VR 521

APPLICANT In person REPRESENTATION: RESPONDENT C Wilson

The decision to deregister MI as a family day care carer is revoked. This order will come into effect only after the following conditions are satisfied: (i). MI agrees to undertake any further training as directed by Communicare relating to the statutory obligations of family day care carers ORDERS: (ii). MI provides a written undertaking to Communicare that she will not in any circumstances leave any family day care child entrusted to her care in the care of another person, including but not limited to any member of her family (iii). That MI provide a copy of the above undertaking to all persons who reside at her home (iv). That MI provide to Communicare a statement from any person who resides at her home to the effect that they have sighted and understand the undertaking given by her to Communicare as set out in (i) above.