AYL v Director-General, Department of Community Services [2013] NSWADT 236

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AYL v Director-General, Department of Community Services [2013] NSWADT 236 Hearing dates: 29 August 2013 and 13 September 2013 Decision date: 24 October 2013 Jurisdiction: Community Services Division Before: L Goodchlld, Judicial member M Bolt, Non-Judicial member J Le Breton, Non-Judicial member Decision: That the decision of the respondent is affirmed. Legislation Cited: Administrative Decisions Tribunal Act 1997 Children and Young Persons (Care and Protection) Act 1998 Cases Cited: YG & GG v Minister for Community Services [2002] NSWCA 246 Category: Principal judgment Parties: AYL and AYM (Applicants) Director-General, Department of Community Services (Respondent) Representation: Counsel M Barnet (Applicant) G Moore (Respondent) Katherine Renshall (Applicant) Crown Solicitors Office (Respondent) File Number(s): 134017 Publication restriction: Section 126 Administrative Decisions Tribunal Act (the "ADT Act") applies to these proceedings.

Reasons for Decision 1Section 126 Administrative Decisions Tribunal Act (the "ADT Act") applies to these proceedings. Section 126 provides: 126. Publication of names or identification of persons involved in certain proceedings. (1A) ... (1) A person must not, except with the consent of the Tribunal, publish or broadcast the name of any person: (a) who appears as a witness before the Tribunal in any proceedings, or (b) to whom any proceedings before the Tribunal relate, or (c) who is mentioned or otherwise involved in any proceedings before the Tribunal, whether before or after the proceedings are disposed of. Maximum penalty: 10 penalty units or imprisonment for 12 months, or both. (2) This section does not prohibit the publication or broadcasting of an official report of the proceedings that includes the name of any person the publication or broadcasting of which would otherwise be prohibited by this section. (3) For the purposes of this section, a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.