BQZ v Challenge Community Services [2015] NSWCATAD 92

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BQZ v Challenge Community Services [2015] NSWCATAD 92 Hearing dates: 20 March 2015 Decision date: 07 May 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: M Anderson, Senior Member P Foreman, General Member Decision: 1) The decision of the relevant decision maker, William Wain, Manager Casework with Challenge Children's Services, made on or about 13 January 2015 to remove from the applicant the responsibility for the daily care and control of the child the subject of this application is set aside.

2) The Tribunal makes a decision in substitution for the decision set aside, that the daily care and control of the child the subject of this application is granted to the applicant under section 245(1)(c) of the Children and Young Persons (Care and Protection) Act 1998. Catchwords: ADMINISTRATIVE LAW-review under section 63 Administrative Decisions Review Act 1997-decision made under section 245 Children and Young Persons (Care and Protection) Act 1998 (NSW) to remove child from the care of his current authorised carer- assessment of strong and secure attachment to carer and extended family- evidence of psychologist about transition of placement placed excessive weight upon inapplicable provisions of section 13 Children and Young Persons (Care and Protection) Act 1998- evidence of Aboriginal elder supporting placement of the child in his 'country' and that of his family with support from local Aboriginal community- what the correct and preferable decision is having regard to the material before the Tribunal – child's best interests enhanced by remaining in his current placement- substituted decision. Legislation Cited: Administrative Decisions Review Act 1997(NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW) Court Suppression and Non-Publication Orders Act 2010 (NSW) Uniform Civil Procedure Rules 2005, Schedule 7 Cases Cited: AQY & AQZ v Administrative Decisions Tribunal of New South Wales [2013] NSWSC 1028 Kostas v HIA Insurance Services Pty Limited [2010] HCA 32 PR v Department of Community Services [2009] NSWADT 277 Re Kerry (No 2) [2012] NSWCA 127 Roberts v Balancio (1987) 8 NSWLR 436 YG & GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: Anderson M, (2014) "Protecting the rights of Indigenous and Multicultural children and preserving their cultures in fostering and adoption." Family Court Review 52:6-27 Barnardos Australia, (2013) Practice Paper on Attachment Boris N, Fueyo M, Zeanah C, (1997) "The Clinical Assessment of Attachment in Children Under Five." J Am Acad Child Adolesc Psychiatry 36:2. 291-293 Dozier M, Zeanah C, Bernard K (2013) "Infants and Toddlers in Foster Care." Child Development Perspectives 7: 166-171 Zeanah C, Berlin L, Boris N (2011) "Practitioner Review: Clinical applications of attachment theory and research for infants and young children." Journal of Child Psychology and Psychiatry 52:8:819-833 Zeanah C, Gunnar M, McCall R, Kreppner J, Fox N (2011) "Sensitive Periods." Monographs of the Society for Research in Child Development 147-162 Category: Principal judgment Parties: BQZ (Applicant) Challenge Community Services (Respondent) Representation: Solicitor: Rice More & Gibson (Applicant) Challenge Community Services (Respondent) File Number(s): 1510060 Publication restriction: Section 64 Civil and Administrative Tribunal Act 2013, section 105 Children and Young Persons (Care and Protection) Act 1998, restricting publication of information that will identify the applicant, witnesses, the children, and any evidence given in the proceedings which is likely to identify any of those persons.