ABV v Department of Human Services, Community Services [2013] NSWADT 134

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: ABV v Department of Human Services, Community Services [2013] NSWADT 134 Hearing dates: 13 and 14 December 2012 Decision date: 12 June 2013 Jurisdiction: Community Services Division Before: S Higgins, Deputy President Professor P Foreman, Non-Judicial Member Professor J Goodman-Delahunty, Non-Judicial Member Decision: Decision of the respondent is affirmed. Catchwords: Children and young persons -out-of-home care - authorised carer - cancellation of authorisation Legislation Cited: Administrative Decisions Tribunal Act 1997 Children and Young Persons (Care and Protection) Act 1998 Children and Young Persons (Care and Protection) Amendment (Code of Conduct) Regulation 2013 Children and Young Persons (Care and Protection) Regulation 2012 Children and Young Persons (Care and Protection) Regulation 2000 (repealed) Community Services (Complaints, Reviews and Monitoring) Act 1993 Category: Principal judgment Parties: ABV (Applicant) Department Human Services, Community Services (Respondent) Representation: ABV (Applicant in person) P Bartley, Department of Human Services, Community Services (Respondent) File Number(s): 124001 Publication restriction: Section 126 of the Administrative Decisions Tribunal

REASONS FOR DECISION

Introduction 1The applicant, ABV, seeks review of a decision of the respondent, the Department of Human Services, Community Services, to cancel her authorisation as an authorised carer under section 31 of the Children and Young Persons (Care and Protection) Regulation 2000 (2000 Regs). That decision was made on 14 June 2011. ABV sought internal review of that decision, as she was entitled to do. On 4 November 2011, the respondent determined that the original decision should be affirmed. It is that decision which is the subject of review in this application. 2There is no dispute that the decision of the respondent is a reviewable decision: see section 28(1)(a) of the Community Services (Complaints, Reviews and Monitoring) Act 1993, section 245(1)(a) of the Children and Young Persons (Care and Protection) Act 1998 (the Act) and section 38 of the Administrative Decisions Tribunal Act 1997 (ADT Act). 3The role of the tribunal in reviewing the decision of the respondent is to 'decide what the correct and preferable decision is having regard to the material' before it, including (a) any relevant factual material, and (b) any applicable written or unwritten law: subs 63(1) of the ADT Act. In doing so the tribunal sits in the shoes of the respondent and considers the matter afresh, as at the time of the hearing. 4ABV's application was heard, on 13 and 14 December 2012, at Dubbo. At the commencement of the hearing ABV made an application for an adjournment as she did not have legal representation. The application was opposed and after hearing short argument from both parties, we refused that application. A further application for adjournment was made later that day. We again refused that application, as we were satisfied that ABV was able to deal with the matters in issue, especially as she had the assistance of a number of support persons also present at the hearing. 5At the conclusion of the hearing, we reserved our decision. In doing so we gave the parties an indication of our preliminary views on the matters in issue. Having considered all the relevant material, in accordance with our preliminary views, we have determined that the decision of the respondent should be affirmed. Our reasons for decision are set out below.