CCC v Department of Family and Community Services [2016] NSWCATAD 225

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CCC v Department of Family and Community Services [2016] NSWCATAD 225 Hearing dates: 16 March 2016 and 21 April 2016 Date of orders: 07 October 2016 Decision date: 07 October 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member R Royer, General Member Decision: (1) The decision of the respondent, made on 8 December 2015, to remove the children in the applicants' care on 5 January 2016 is affirmed.

(2) The decision of the respondent, made on 13 January 2016, to cancel the applicants' authorisation as out-of-home carers is set aside.

(3) The applicants' application for costs is refused. Catchwords: ADMINISTRATIVE REVIEW – review of decision of the respondent to remove three foster children from the day-to-day care of authorised carers and to cancel the authorisation of those carers. Legislation Cited: Administrative Decisions Review Act 1997 Children and Young Person (Care and Protection) Act 1989 Civil and Administrative Tribunal Act 2013 Community Services (Complaints, Review and Monitoring) Act 1993 Children and Young Person (Care and Protection) Regulation 2012 Cases Cited: YG and GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: CCC and CCD (Applicants) Department of Family and Community Services (Respondent) Representation: Baker & Borthwick Solicitors (Applicants) NLS Law (Respondent) Dr Ainsworth (Guardian ad Litem for the children) File Number(s): 1610046 Publication restriction: S65 of the Civil and Administrative Tribunal Act 2013.