CBF v Tamworth and Armidale Aboriginal Children’s Services [2016] NSWCATAD 103

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CBF v Tamworth and Armidale Aboriginal Children's Services [2016] NSWCATAD 103 Hearing dates: 5 November 2015; 18 December 2015; 1 February 2016 Date of orders: 25 May 2016 Decision date: 25 May 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: R Booby, Senior Member S Davison, General Member Decision: (1) The decision of the Respondent to remove from the Applicant the responsibility for the daily care and control of the subject children is affirmed.

(2) Pursuant to section 32(2) of the Community Services (Complaints, Reviews and Monitoring) Act 1993, the Tribunal recommends to the Minister for Family and Community Services that TAACS has protocols in place that ensure that where it has concerns about the parenting capacity of an authorised carer it makes every effort possible to provide the carer with properly accredited training and support to address any issues prior to reaching a final decision about removal of children under the care of the authorised carer. 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 –what is correct and preferable decision having regard to the material before Tribunal as at date of hearing –decision of Respondent affirmed – recommendation 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 Cases Cited: Commission for Children and Young People v FZ [2011] NSWCA 111. Roberts v Balencio (1987) 8 NSWLR 436). AQY & AQ v Administrative Decisions Tribunal of NSW & ors [2013] NSWSC 1028 (24 July 2013) Category: Principal judgment Parties: CBF (Applicant) Tamworth and Armidale Aboriginal Children's Services (TAACS) (Respondent) Representation: Solicitors: Hadden Kemp Solicitors (Applicant) McNeilly Lawyers (Respondent) File Number(s): 1510341 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.