AZA v Department of Family and Community Services [2014] NSWCATAD 82

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: AZA v Department of Family and Community Services [2014] NSWCATAD 82 Hearing dates: 13 November 2013 Decision date: 23 June 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: L Goodchild, Principal member M Bolt, General member P Foreman, General member Decision: The decision of the Director General, Department of Family and Community Services not to restore the subject children to the care of the applicants is affirmed. Legislation Cited: Administrative Decisions Review Act 1997 (formerly Administrative Decisions Tribunal Act 1997) Children and Young Persons (Care and Protection) Act 1998 Civil and Administrative Tribunal Act 2013 Cases Cited: YG & GG v Minister for Community Services [2002] NSWCA 246 Category: Principal judgment Parties: AZA (Applicant) Department of Family and Community Services (Respondent) Representation: Applicant (in person) Crown Solicitors Office (Respondent) File Number(s): 134018

REASONS FOR DECISION

INTRODUCTION 1The applicant has been an authorised carer since July 1999. During that time she has had a number of children placed in her care. She was initially an authorised carer with her husband Mr. M. In December 2006 she and her husband were authorised to provide long-term care for two children, D and C. They subsequently had placed with them two further children, L aged 8 and aged 7. 2The applicant and her husband separated in December 2009. Mr. M was diagnosed with dementia and he and the applicant divorced in February 2011. Subsequent to separating from her husband, the applicant was the sole carer for the children in her care. 3In November 2010, C was removed from the care of the applicant due to allegations of sexual abuse by him against his siblings. 4In January 2013, D was removed from the care of the applicant. 5In March and April 2013, a number of risk of harm reports were received by the respondent regarding the care of L and E by the applicant. 6Officers of the respondent interviewed both children on 2 May 2013. The children were removed from the care of the applicant. The respondent made a decision that the children would not be returned to the care of the applicant. The applicant requested a review of that decision. Upon review, the applicant was notified by letter dated 17 June 2013 that the original decision was affirmed. 7On 12 September 2013, the applicant was notified that her authorisation as a foster carer had been cancelled. 8The applicant, by these proceedings, seeks a review of the decision of the respondent to not return the children to her care.