CJH v Department of Family and Community Services [2016] NSWCATAD 162

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CJH v Department of Family and Community Services [2016] NSWCATAD 162 Hearing dates: On the papers Date of orders: 22 July 2016 Decision date: 22 July 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Decision: (1) The respondent's application that the applicant's application be dismissed for want of jurisdiction is dismissed. (2) By 15 August 2016, the respondent to file and serve an up to date on the child's current placement together with any other material relevant to the progress of the applicant's application. (3) By 17 August 2016, the applicant to file and serve any material in response to the material filed by the respondent. (4)The applicant's application is set down for further direction on 18 August 2016 at 12 noon. Catchwords: ADMININSTRATIVE LAW – merits review of a decision of the respondent to place a foster child into the day to day care of the former foster mother of the child's father – application made by maternal grandmother of the child - whether maternal grandmother has standing to bring the application

STATUTORY INTERPRETATION – proper construction and application of section 29(1) of the Community Services (Complaints, Reviews and Monitoring) Act 1993 – meaning of "genuine concern in the subject matter of the decision concerned" Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Community Services (Complaints, Reviews and Monitoring) Act 1993 Children and Young Persons (Care and Protection) Act 1998 Children and Young People (Care and Protection) Regulation 2012 Guardianship Act 1987 Ombudsman Act 1974 Powers of Attorney Act 2003 Cases Cited: The Mutual Life and Citizens' Assurance Company Ltd v Attorney General (Qld) & anor (1961) 106 CLR 48 Minister for Disability Services v People With Disability Australia Inc (CSD) [2010] NSWADTAP 44 People With Disability Australia Incorporated v Minister for Disability Services & Anor [2011] NSWCA 253 People with Disabilities (NSW) Inc and the NSW Council on Intellectual Disability v Minister for Disability Services (Unreported 12 February 1998, Community Services Appeals Tribunal) TC v Public Guardian & ors [2006] NSWADTAP 15 Category: Procedural and other rulings Parties: CJH (Applicant) Department of Family and Community Services (Respondent) Representation: Counsel: J Mahoney (Respondent)