AQC & AQD v Department of Family and Community Services [2013] NSWADT 185

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AQC & AQD v Department of Family and Community Services [2013] NSWADT 185 Hearing dates: 30 May 2013 Decision date: 30 May 2013 Jurisdiction: Community Services Division Before: S Higgins, Deputy President Decision: Application dismissed for want of jurisdiction as the application seeking review of the respondent's decision is made out of time. Catchwords: Jurisdiction - application for review - application lodged out of prescribed time - no reasonable explanation for delay Legislation Cited: Administrative Decision Tribunal Act 1997 Children and Young Persons (Care and Protection) Act 1998 Community Services (Complaints, Reviews and Monitoring) Act 1993 Category: Interlocutory applications Parties: AQC & AQD (Applicants) Department of Family and Community Services (Respondent) Representation: Foster Carer's Association (Agent for the applicants) N Hali (Respondent) File Number(s): 134009 Publication restriction: S 126 of the Administrative Decisions Tribunal Act 1997

reasons for decision

Background 1On 16 April 2013, the applicants, AQC and AQD, made an application seeking review of a decision of the respondent, the Department of Family & Community Services, to cancel their authorisation as carers under the Children and Young Persons (Care and Protection) Act 1998 (the Care Act). 2The decision of the respondent was initially made on 11 May 2012, following a 5-year review of the applicants as authorised carers. The applicants were notified of this decision and the reasons for decision in a letter dated the same date. 3The applicants made an application for internal review of that decision, which they were entitled to do. On 4 June 2012, an officer of the respondent (other than the original decision maker) made the internal review determination, which affirmed the original decision. The applicants were notified of this decision and the reasons for that decision in a letter dated 12 June 2012. 4On 16 August 2012, the Director, Child and Family, of the Region wrote to the applicants setting out the four competencies that all carers are required to meet and a summary of the findings in the course of the applicants' 5-year review as to their ability to meet those competencies. In that letter, the Director re-iterated the internal review decision to cancel the applicants' authorisation as carers. 5The applicants' application came before me, at a directions hearing, on 30 May 2013. At the directions hearing, the respondent contended that the tribunal had no jurisdiction to hear and determine the applicants' application as it had been lodged out of time. In support of that contention, the respondent relied on submissions it had filed and served on 15 May 2013. 6After hearing short arguments from the parties, I dismissed the applicants' application for want of jurisdiction as the applicants' application had been lodged out of time. At the time I gave some very brief reasons for decision. 7The parties subsequently made a request for written reasons: see s 89 of the Administrative Decisions Tribunal Act 1997 (ADT Act). In accordance with that request, these are my reasons for decision.