DAQ v Secretary, Department of Family and Community Services [2017] NSWCATAD 274

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DAQ v Secretary, Department of Family and Community Services [2017] NSWCATAD 274 Hearing dates: On the papers Date of orders: 13 September 2017 Decision date: 13 September 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member D Crowley, General Member Decision: The respondent's decision to transfer the child protection order applying to the applicant's son to Queensland is set aside and, in substitution for that decision, it is decided that the respondent has no power to transfer that child protection order to Queensland. Catchwords: ADMINISTRATIVE LAW – Child Protection – Where Children's Court made order allocating parental responsibility for applicant's son to the Minister -Where Secretary decided to transfer child protection order to Queensland – Where applicant did not consent – Whether Secretary had power to transfer child protection order to another jurisdiction in absence of parental consent – Finding that Secretary did not have power

ADMINISTRATIVE LAW – Requirement to seek internal review before applying for Tribunal review – Circumstances in which applicant may apply to Tribunal without having applied for internal review – Whether it is necessary to deal with the application in order to protect the applicant's interests – Whether application to Tribunal made within a reasonable time Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection Act 1999 (Qld) Children and Young Persons (Care and Protection) Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW) Category: Principal judgment Parties: DAQ (Applicant) Department of Family and Community Services (Respondent) Representation: Solicitors: Applicant in person Department of Family and Community Services (Respondent) File Number(s): 2017/00108277 Publication restriction: Section 65 of the Civil and Administrative Tribunal Act 2013 (NSW) applies to these proceedings. The publication or broadcast of the names of and identifying information about certain persons is prohibited by operation of s 65(2).