BXS v Department of Family and Community Services [2015] NSWCATAD 269

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BXS v Department of Family and Community Services [2015] NSWCATAD 269 Hearing dates: 25 September 2015, 9 December 2015 Date of orders: 23 December 2015 Decision date: 23 December 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Anderson - Senior Member Prof. P Foreman - General Member Decision: (1) The decision of the Respondent to remove from the Applicant the responsibility for the daily care and control of the children the subject of this application is affirmed.

(2) Pursuant to section 32(2) of the Community Services (Complaints, Reviews and Monitoring) Act 1993, the Tribunal recommends: (a) That the Respondent develop a plan for the introduction of unsupervised contact visits between the Applicant, Miss A and the subject children, to commence at a date and in circumstances determined by an independent health professional (e.g. social worker or psychologist); (b) That the unsupervised contact include the Applicant's invitation to, and attendance at, the children's schooling and extra-curricular events. (c) That the Respondent arrange for an appropriately qualified family law mediator to provide mediation sessions between the Applicant and the children's' current carers, with a view to assisting them to reach agreement on future contact and communication with the children and each other. Catchwords: ADMINISTRATIVE LAW – review under section 63 Administrative Decisions Review Act 1997 – decision under section 245 Children and Young Persons (Care and Protection) Act 1998 (NSW) to remove children from authorised carer – where carer is grandmother of children – parenting capacity and attachment – children have complex behaviours – stability of current placement - what is correct and preferable decision having regard to the material before Tribunal as at date of hearing –decision of Respondent affirmed – recommendations made. 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) Children and Young Persons (Care and Protection) Regulation 2012 Category: Principal judgment Parties: BXS (Applicant) Department of Family and Community Services (Respondent) Representation: Hosking Legal(Applicant) Ellis McLachlan Solicitors (Respondent) File Number(s): 1510332 Publication restriction: Section 64 Civil and Administrative Tribunal Act 2013, restricting publication of information that will identify the Applicant, the children, witnesses and any evidence given in the proceedings which is likely to identify any of those persons.