AKM v Ngunya Jarjum Child and Family Network Inc [2013] NSWADT 89

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AKM v Ngunya Jarjum Child and Family Network Inc [2013] NSWADT 89 Hearing dates: 19 October 2012 Decision date: 26 April 2013 Jurisdiction: Community Services Division Before: L Goodchild , Judicial Member P Foreman, Non-Judicial Member J Green, Non-Judicial Member Decision: That the decision made by NGUNYA JARJUM ABORIGINAL CHILD AND FAMILY NETWORK INC to cancel the authorisation of AKM is set aside. Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Children and Young Persons (Care and Protection) Amendment (Out-of-Home Care) Regulation 2003 Children and Young Persons (Care and Protection) Regulation 2012 Administrative Decision Tribunal Act 1997 Cases Cited: YG & GG v Minister for Community Services [2002] NSWCA 246 Category: Principal judgment Parties: AKM (Applicant) Ngunya Jarjum Child and Family Network Inc (Respondent) Representation: L Dillon-Smith (Applicant) C Smith (Respondent) F Ainsworth (Guardian ad-Litem) File Number(s): 124024 Publication restriction: S126 of the Administrative Decisions Tribunal Act applies

reasons for decision

INTRODUCTION 1In these reasons for decision, the applicant is referred to by the pseudonym AKM (see Section 126 of the Administrative Decisions Tribunal Act 1997). The children, the subject of the decision, have also not been identified. The children, two brothers aged 12 and 10 at the date of hearing, are referred to as Child A and Child B. 2The applicant, an authorised carer, under the Children and Young Persons (Care and Protection) Act 1998 (the Care Act), initially sought a review of two decisions by the Ngunya Jarjum Aboriginal Child and Family Network Inc. The first was the removal of Child A and Child B from her care and the second was the decision to de-authorize her as a carer. 3When these proceedings went to hearing on 19 October 2012, the applicant withdrew her application to review the decision regarding the removal of the children. She pursued her application for a review of the decision de-authorising her as a foster carer. 4The applicant was authorised as a foster carer around November 2010. The respondent placed Child A and Child B in the care of the applicant on 3 December 2010. 5The respondent removed the children from the care of the applicant on 22 June 2012. The applicant was notified of this decision by telephone and then by email dated 25 June 2012. 6The reasons given in that email by the respondent for the removal of the children were: a) The applicant had changed the children's tutoring times from 2 hours over two days a week to two hours on one day a week. b) The applicant had moved her son L into the house with her and the children without notifying the respondent and L was considered a risk to the children because of his drug history. c) The applicant had failed to take the children to a doctor's appointment. 7The applicant made an application for internal review on 22 June 2012. 8On 13 August 2012, the applicant was notified by email that the children had made allegations of abuse whilst in her care. Those allegations were contained in a record of a conversation between the children and caseworker, Lillian Khan. 9With regard to the 2 incidents of abuse of the children whilst in the applicant's care, the first involved the child B being sworn at in 2010 and grabbed by the neck by the applicant's ex-husband. 10The second allegation of abuse involves the applicant in 2011 choking Child A. It is also alleged that the applicant's daughter swore and verbally abused and slapped Child A across the face.