BHR and BHS v Biripi Aboriginal Children’s Services [2015] NSWCATAD 25

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BHR and BHS v Biripi Aboriginal Children's Services [2015] NSWCATAD 25 Hearing dates: 4 July, 11 August and 22 September 2014 Decision date: 25 February 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member P Foreman, Occasional Lay Member Decision: 1. The decision of the respondent to remove the child from the applicants' day-to-day care is affirmed.

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

(a) Subject to the willingness of the applicants, the respondent to take steps to facilitate unsupervised contact between the child and the applicants, with a view to the possibility of respite and holiday contact,

(b) The respondent to make arrangements for the conduct of an independent review of the child, his needs, attachment and ongoing progress. The review should be undertaken in the next few months by an appropriately qualified expert, who has had no involvement with the child, the applicants, his current carers or the respondent organisation. A copy of that review should be provided to the relevant section of the Department of Family and Community Services.

(c) The respondent develop, as a matter of urgency, policies and guidelines in regard to: - behaviour management of young children, including challenging behaviours, as prescribed in the code of conduct for carers children, or policies; and - the circumstances warranting the removal of a child from his/her permanent placement.