AQY & AQZ v Administrative Decisions Tribunal of New South Wales & Ors [2013] NSWSC 1028

Supreme Court New South Wales

Medium Neutral Citation: AQY & AQZ v Administrative Decisions Tribunal of New South Wales & Ors [2013] NSWSC 1028 Hearing dates: 23, 24 July 2013 Decision date: 24 July 2013 Jurisdiction: Common Law Before: Campbell J Decision: (1) Declare that the permanency plan signed on 6 September 2011 concerning the subject child has not been embodied in, or approved by, the order or orders of the Children's Court of New South Wales made on 5 October 2011; (2) Declare that the Administrative Decisions Tribunal of New South Wales has jurisdiction to hear and determine the application for review of a decision in matter number 124031 involving the parties to these proceedings; (3) The restraining order directed to the Administrative Decisions Tribunal of New South Wales made on 23 July 2013 is dissolved; (4) Summons dismissed; (5) The plaintiff to pay the costs of the second defendants, otherwise each party bear his or her own costs. Catchwords: ADMINISTRATIVE LAW - jurisdictional error - whether Administrative Decisions Tribunal of New South Wales has jurisdiction to review decision of Director-General of Family and Community Services not to grant care and control of a child to second defendants STATUTORY INTERPRETATION - s245 Children and Young Persons (Care and Protection) Act 1998 (NSW) - decision by Director-General of Family and Community Services not to grant care and control of a child to second defendants - whether decision is a decision in relation to the preparation of a permanency plan or the enforcement of a permanency plan that has been embodied in, or approved by, an order or orders of the Children's Court Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: George v Children's Court of New South Wales [2003] NSWCA 389; 59 NSWLR 232; 31 Fam LR 218 Re Josie [2004] NSWSC 642 PR v Department of Community Services [2009] NSWADT 277 Category: Principal judgment Parties: AQY & AQZ (plaintiffs) Administrative Decisions Tribunal of New South Wales (first defendant) AMS & AMT (second defendants) Minister for Family and Community Services (third defendant) R Pollock (fourth defendant) Representation: Counsel: M A Robinson S.C & E Pender (plaintiffs) Submitting appearance (first defendant) P Braine (second defendants) R L Harper (third defendant) H Graves (23/07/13); J McCaffrey, solicitor (24/07/13, am), S Gardiner (24/07/13, pm) (fourth defendant) Solicitors: Winn Legal (plaintiffs) Crown Solicitors Office (first defendant) Direct access to counsel (second defendants) McCabes Lawyers (third defendant) James McCaffrey & Associates (fourth defendant) File Number(s): 2013/223060 Decision under appeal Citation: [2013] NSWADT 140 Date of Decision: 2013-05-02 00:00:00 Before: P H Molony, Judicial Member File Number(s): 124031