NSW Caselaw
CITATION: NZ & OA v DG, Dept of Community Services [2009] NSWADT 231
DIVISION: Community Services Division
APPLICANT NZ & OA PARTIES: RESPONDENT Director-General, Department of Community Services
FILE NUMBER: 094024
HEARING DATES: On the papers
SUBMISSIONS CLOSED: 6 July 2009
DATE OF DECISION: 9 September 2009
BEFORE: Britton A - Deputy President
CATCHWORDS: Jurisdiction
Community Services (Complaints, Reviews and Monitoring) Act 1993 LEGISLATION CITED : Children and Young Persons (Care and Protection) Act 1998 Administrative Decisions Tribunal Act 1997
CASES CITED: The Mutual Life and Citizens' Assurance Company Ltd v Attorney General (Qld) & anor (1961) 106 CLR 48
APPLICANT In person REPRESENTATION: RESPONDENT S Clarke, solicitor
ORDERS: The application to review the decision to remove the subject child is dismissed for want of jurisdiction
REASONS FOR DECISION
1 The applicants, who are authorised carers, apply to the Tribunal for a review of the decision to remove from their care a two year old child who had been in their care for over 12 months. According to the applicants the removal placed the child at risk as he was subsequently placed with a person who had a history of sexually abusing children.
2 In this matter, the Director-General of the Department of Community Services asserts that the Tribunal has no jurisdiction to entertain the application for review brought by the applicants or, if the Tribunal has jurisdiction, that it should not be exercised.
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