AIR v Department of Family Community Services [2013] NSWADT 141

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AIR v Department of Family Community Services [2013] NSWADT 141 Hearing dates: 3 September 2012 and 10 October 2012 Decision date: 17 June 2013 Jurisdiction: Community Services Division Before: L Goodchild, Judicial Member J Green, Non-Judicial Member M Bolt, Non-Judicial Member Decision: 1. That the decision made by the Respondent, Department of Family and Community Services, to permanently remove the children from the care of the Applicant is affirmed. 2. That the decision made by the Department of Family and Community Services to cancel the authorisation of AIR as a carer is affirmed. Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Children and Young Persons (Care and Protection) Amendment (Out of Home Care) Regulations 2003 Children and Young Persons (Care and Protection) Regulation 2012 Administrative Decision Tribunal Act, 1997 Cases Cited: YG and GG v Minister for Community Services [2002] NSWCA 246 Category: Principal judgment Parties: AIR (Applicant) Department of Family Community Services (Respondent) Representation: Counsel S Goodwin (Applicant) Galland Elder Lulham (Applicant) Care Legal (Respondent) File Number(s): 124006, 124010 Publication restriction: S126 of the Administrative Decisions Tribunal Act

reasons for decision

INTRODUCTION 1The Applicant in these proceedings is referred to by the pseudonym AIR (see Section 126 of the Administrative Decisions Tribunal Act, 1997 (ADT Act)). 2The children the subject of these proceedings have not been identified. The two boys aged 12 and 8 at the date of the hearing are respectively referred to as Child A and Child B. 3The Applicant was an authorised carer under the Children and Young Persons (Care and Protection) Act (1998) ("the Care Act"). The Respondent, the Department of Family Community Services (CS) is the New South Wales State Government body that coordinates and manages the arrangements for children the subject of orders made in the Children's Court with respect to their care and protection. 4The two boys had been placed with the Applicant since they were infants. They are indigenous boys. They are both subject to Court Orders for parental responsibility to the Minister for Family and Community Services until 16 years of age and 18 years of age respectively. 5The Respondent removed Child A from the care of the Applicant on 10 November 2011 and Child B from the care of the Applicant on 22 November 2011. 6The Applicant was de-authorised as a carer on 21 February 2012. 7The Applicant seeks a review the decision to remove the boys and the decision to de-authorise her as a carer. 8The removal of the children occurred following allegations that the Applicant had physically assaulted the children. The boys have been placed in separate homes since their removal. 9The Applicant sought an internal review of the decision of the Department of Family Community Services. Upon internal review by the CS, the decisions made by the CS were affirmed. 10The hearing of the proceedings started on 3 September 2012. The proceedings were then adjourned to allow the finalisation of the Reportable Conduct Unit Investigation. At the time the proceedings commenced again on 10 October 2012, the Reportable Conduct Unit Investigation had not completed.