NSW Caselaw
CITATION: NS & NT v Director-General, Department of Community Services [2009] NSWADT 149
DIVISION: Community Services Division
APPLICANT NS and NT PARTIES: RESPONDENT Director-General, Department of Community Services
FILE NUMBER: 094021
HEARING DATES: 16 and 18 June 2009
SUBMISSIONS CLOSED: 18 June 2009
DATE OF DECISION: 19 June 2009
BEFORE: Britton A - Deputy President
CATCHWORDS: Removal of children from authorised carer - stay of decision
LEGISLATION CITED : Administrative Decisions Tribunal Act 1997
CASES CITED: Re Repatriation Commission and Delkou (1985) 8 ALD 454 Williamson v Director General, Department of Transport [2000] NSWADT 165
APPLICANT In person REPRESENTATION: RESPONDENT V Harstein
1.Stay is refused 2.Matter is set down for further directions on 24 June 2009 at 10.15 am. Leave is granted to all parties to attend by phone providing they notify the Registrar 24 hours in advance and provide a land line number. 3.The matter is listed for a three-day hearing on 14, 15 and 16 July 2009 at Tamworth Local Court House. ORDERS: 4.The Respondent is to lodge section 58 documents and provide a copy to the Applicants, on or before 1 July 2009. 5.Any party wishing to rely on any evidence must file and serve it on or before 7 July 2009. 6.A representative/s is appointed to represent the subject children under s 71(4) of the Administrative Decisions Tribunal Act 1997. 7.The Registrar is asked to request the Registrar of the Childrens' Court to provide the Tribunal with a copy of the Court's file on the care proceedings involving the subject children, in which final orders were handed down on 27 November 2001. In the event the file is not released, leave is granted to the Guardian Ad Litem (GAL) to request the Registrar to issue a summons on the Children's Court for its production. Access to that file is restricted to the GAL unless otherwise ordered by the Tribunal. 8.The Registrar is requested to obtain a transcript of the proceedings of 16 and 18 June 2009.
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