FZ v Commission for Children and Young People [2012] NSWADT 93

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: FZ v Commission for Children and Young People [2012] NSWADT 93 Hearing dates: 5 December 2011, 8 February 2012,13 March 2012 Decision date: 18 May 2012 Jurisdiction: Community Services Division Before: L Goodchild, Judicial Member Decision: The documents, identified as documents (a) - (J) as they record representations made by KB and are not admitted into evidence. The matter is relisted for further directions on 25 June 2012 at 9.30am for orders for the further progress of the matter. Catchwords: Preliminary issue - admissibility of evidence when witness is unavailable for cross-examination. Legislation Cited: Administrative Decisions Tribunal Act, 1997 Evidence Act 1995. Commission for Children and Young People Act, 1998. Cases Cited: Commissioner for Children and Young People v FZ [2011] NSWCA 111. FZ v Commission for Children and Young People [2010] NSWSC 1144. FZ v Commission for Children and Young People [2009] NSWADT 267. R v War Pensions Entitlement Appeal Tribunal; ex parte Bott [1933] HCA30; (1933) 50 CLR 228 at 256 Category: Interlocutory applications Parties: FZ (Applicant) Commission for Children and Young People (Respondent) Representation: Counsel M Avenell (Applicant) M Higgins (Respondent) Logical Legal Solicitors (Applicant) Crown Solicitors Office (Respondent) File Number(s): 104026 Publication restriction: S126 of the Administrative Decisions Tribunal Act applies