BMA and BMB v Department of Family and Community Services [2015] NSWCATAD 20

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BMA and BMB v Department of Family and Community Services [2015] NSWCATAD 20 Hearing dates: 7 January, 4 and 11 February 2015 Decision date: 19 February 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Professor P Foreman, General Member Decision: 1. The decision of the respondent to de-authorise the applicants as authorised carers is set aside.

2. The decision of the respondent to remove the child from the applicants' day-to-day care is affirmed.

3. Pursuant to subsection 32(2) of the Community Services (Complaints, Reviews and Monitoring) Act 1993 the Tribunal recommends:

(a) Responsibility for the overall management of the placement of the child be transferred to the Albury offices of the respondent, and

(b) Immediate steps be taken to facilitate contact, including unsupervised overnight contact, between the child and the applicants.

4. In regard to the applicants' application for costs the following directions are made:

(a) On or before 20 February 2015, the applicant to file and serve their written submissions on costs, including the amount of costs sought.

(b) On or before 6 March 2015, the respondent to file and serve its written submissions in reply.

(c )The applicants' application for costs to be determined on the papers. Catchwords: Administrative review – review of decision to remove a child from the day-to-day care of his grandparents