CSK v Secretary, Department of Family and Community Services [2016] NSWCATAD 292

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CSK v Secretary, Department of Family and Community Services [2016] NSWCATAD 292 Hearing dates: 2 November 2016 Date of orders: 14 December 2016 Decision date: 14 December 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Decision: The applicants' application for review is dismissed. Catchwords: ADMINISTRATIVE REVIEW – Adoption - whether decision of the respondent was a decision made or purported to have been made under cl 46(1)(a) of the Adoption Regulation – whether a decision made under cl 46 was a decision that was reviewable by the Tribunal – proper construction of s 189, 192 and 193 of the Adoption act and 125 of the Adoption Regulation – found the decision was not a decision reviewable by the tribunal Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Adoption Act 2000 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW) Adoption Regulation 2015 (NSW) Cases Cited: BWO and BWP v Barnardos Australia [2015] NSWCATAD 216 Category: Principal judgment Parties: CSK and CSL (Applicants) Secretary, Department of Family and Community Services (Respondent) Representation: Counsel: V Hartstein (Respondent)

Solicitors: CSK and CSL (Applicants in person) File Number(s): 1610578 Publication restriction: S 65(1)(b) and (2) of the Civil and Administrative Tribunal Act 2013