CLN v Wandiyali ATSI Inc [2016] NSWCATAD 229

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CLN v Wandiyali ATSI Inc [2016] NSWCATAD 229 Hearing dates: 27 April 2016 and 4 July 2016 Date of orders: 12 October 2016 Decision date: 12 October 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: M Anderson, Senior Member R Royer, General Member Decision: (1) The decision made on 25 January 2016 to place the children the subject of the decision into alternative authorised care is affirmed. (2) The decision made on 25 January 2016 to suspend the applicants' authorisation as authorised carers is set aside and in substitution it is determined that the applicants' authorisations as authorised carers are cancelled. (3) The application filed 24 February 2014 for review of the decision is otherwise dismissed. 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 children from the care of their authorised carers - weight to be placed upon provisions of section 13 Children and Young Persons (Care and Protection) Act 1998- evidence of Aboriginal cultural connection - what the correct and preferable decision is having regard to the material before the Tribunal – children's best interests enhanced by current placements- decision affirmed in part – substituted decision made to cancel authorisation. Legislation Cited: Administrative Decisions Review Act 1997(NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Children and Young Persons (Care and Protection) Regulations 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil Procedure Act 2005 (NSW), s 71 Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW) Court Suppression and Non-Publication Orders Act 2010 (NSW), ss 7 and 8 Uniform Civil Procedure Rules 2005 (NSW), 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 Category: Principal judgment Parties: CLN and CLO (Applicants) Wandiyali ATSI Inc (Respondent) Representation: Solicitors: CLN and CLO (Applicants in person) Care Legal (Respondent) File Number(s): 1610119 Publication restriction: Disclosure of the name of the applicants and the name of any child referred to in the material before the Tribunal is prohibited. Note: the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.