ACS v Department of Family and Community Services [2012] NSWADT 173

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: ACS v Department of Family and Community Services [2012] NSWADT 173 Decision date: 28 March 2012 Jurisdiction: Community Services Division Before: S Higgins, Deputy President Professor P Foreman, Non-judicial Member Professor J Goodman-Delahunty, Non-judicial Member Decision: 1. The decision of the respondent is affirmed with the following recommendations: (a) the boys the subject of this application (the boys) be informed of the Tribunal's decision and that: - the decision has been made on a basis, which included the wishes they have recently expressed about remaining where they are; - the Tribunal has not been critical of their 'mum' or of the care that she and their 'dad' provided to them and hope they are able to maintain a positive relationship with their 'mum', (b) more frequent unsupervised contact visits between the boys and the applicant be commenced immediately. These arrangements should be facilitated and encouraged by and with the current carers, St Saviours and the respondent, (c) Mr [M] have no further involvement in any decisions involving the boys, and (d) ongoing psychological support be provided to the boys, the current carers and the applicant to address the boys' needs and how the impact of their substantial losses can be mitigated. Catchwords: Review of a reviewable decision - review of a decision to remove from an authorised carer the responsibility for daily care and control of the subject children - removal of children after a critical incident - whether the decision to remove the children is the correct and preferred decision as at the date of hearing Legislation Cited: Administrative Decisions Tribunal Act 1997 Community Services (Complaints, Review and Monitoring) Act 1993 Children and Young Persons (Care and Protection) Act 1998 Cases Cited: Drake v Minister for Immigration and Ethnic Affairs [1979] AAT 179, (1979) 46 FLR 409 YG & GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: ACS (Applicant) Minister for Family and Community Services (Respondent) Representation: Counsel P Guterres (Applicant) I Ryan (Respondent) E Lawson (for Guardian ad litem for the older boy) J Gardiner (for Guardian ad litem for the younger boy) Legal Aid of New South Wales (Applicant) McCabe Terrill Lawyers (Respondent) Robertsons Solicitors (for Guardian ad litem for the older boy) James McCaffrey & Associates (for Guardian ad litem for the younger boy) File Number(s): 114016 Publication restriction: Section 126 of the Administrative Decisions Tribunal Act