Fairfield City Council v WI [2012] NSWADTAP 39

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Fairfield City Council v WI [2012] NSWADTAP 39 Hearing dates: 11 May 2012 Decision date: 16 October 2012 Jurisdiction: Appeal Panel - Internal Before: S Higgins, Deputy President D Patten, Deputy President Professor Goodman-Delahunty, Non Judicial Member Decision: 1.The appeal allowed in part. 2.Confirm order setting aside appellant's decision of 22 July 2010 to remove the respondent carer's name from its Family Day-Care Register. 3.Quash order that the respondent carer's name be restored to the appellant's Family Day-Care Register. 4.No order as to costs. Catchwords: Appeal - errors of law - no jurisdiction to review decision of a third party - application for review futile and of no utility - looking behind an adverse earlier finding - admissibility of evidence contradicting or inconsistent with an earlier adverse finding by a third party - applying inapplicable law - failure to give adequate reasons - taking into account irrelevant matters and failure to take into account relevant matters - making findings and reaching conclusions in the absence of a relevant third party - leave to appeal on the merits Legislation Cited: Administrative Decisions Tribunal Act 1997 Children and Young Persons (Care and Protection) Act 1998 Children (Education and Care Services National Law Application Act) 2010 Children (Education and Care Services) National Law (NSW) No 104a Children (Education and Care Services) Supplementary Provisions Act 2011 Children (Education and Care Services) Supplementary Provisions Regulation 2012 Children (Education and Care Services) Supplementary Provisions Regulation 2011 Children (Education and Care Services) Supplementary Provisions Regulation 2004(repealed) Children's Services Regulations 2004 Community Services (Complaints, Reviews and Monitoring) Act 1993 Education and Care Services National Law Act 2010 (Vic) Cases Cited: AVS Group Australia Pty Limited & Tony Sleiman v Commissioner of Police, NSW Police Force (Respondent's Application) [2012] NSWADTAP 24 AVS Group Australia Pty Limited v Commissioner of Police, NSW Police Force [2012] NSWADT 1 Brandusiou v Commissioner of Police, NSW Police Force (GD) [2011] NSWADTAP 47 Briginshaw v Briginshaw (1938) 60 CLR 336 M v M (1988) 166 CLR 69 Minister for Community Services v CE (No 2) [2002] NSWADTAP 1 Minister for Community Services v CE (No 1) [2002] NSWADTAP 7 Mouwad v Commissioner of Police, NSW Police Force (GD) [2011] NSWADTAP 50 O'Sullivan v Medical Council of New South Wales [2010] NSWADTAP 64 Sudath v Health Care Complaints Commission [2012] NSWCA 171 Warsow v Warsow [2010] FamCA 591 WI v Fairfield City Council [2011] NSWADT 279 YG & GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: Fairfield City Council (Appellant) WI (Respondent) Representation: Counsel E Young (Appellant) R Lee (Respondent) Mathews Folbigg Lawyers (Appellant) File Number(s): 119058 Publication restriction: S126 of the Administrative Decisions Tribunal Act 1997 Decision under appeal Jurisdiction: 9108 Citation: [2011] NSWADT 279 Date of Decision: 2011-11-28 00:00:00 Before: Community Services Division File Number(s): 104025