BKS & BKT v Department of Family and Community Services [2016] NSWCATAD 307

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BKS & BKT v Department of Family and Community Services [2016] NSWCATAD 307 Hearing dates: 9 August 2016 Date of orders: 23 December 2016 Decision date: 23 December 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Principal Member Decision: The applicants' application is dismissed for want of jurisdiction. Catchwords: Administrative Review – jurisdiction – whether the decision of the respondent was an administratively reviewable decision under s245(1)(c) of the Children and Young Person (Care and Protection) Act 1998 Legislation Cited: Administrative Decisions Tribunal Act 1997 Children and Young Person (Care and Protection) Act 1998 Civil and Administrative Tribunal Act 2013 Community Services (Complaints, Review and Monitoring) Act 1993 Cases Cited: AMS and AMT v Department of Family and Community Services [2013] 140 NV & OA v Director-General, Department of Community Services [2009] NSWADT 209 PR v Department of Community Services [2009] NSWADT 277 Category: Procedural and other rulings Parties: BKS and BKT (Applicants) Department of Family and Community Services (Respondent) Representation: Counsel: M Higgins (Respondent)

Solicitors: BKS and BKT (Applicants in person) File Number(s): 1610326 Publication restriction: Section 65 of the Civil and Administrative Tribunal Act 2013 prohibits the publishing or broadcasting of the name of any person: (a) who appears as a witness in these proceedings, or (b) to whom these proceedings relate, or (c) who is mentioned or otherwise involved in these proceedings, unless the Tribunal consents thereto: see NCAT Act s 65(1)(b). Note: A reference to 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.