DEQ v Secretary, Department of Family and Community Services [2017] NSWCATAD 307

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DEQ v Secretary, Department of Family and Community Services [2017] NSWCATAD 307 Hearing dates: 15, 20 September 2017 Date of orders: 20 September 2017 Decision date: 25 October 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: M Anderson, Senior Member Decision: 1. The proceeding is adjourned to 12 October 2017 at 9:30am for further directions.

2. The decision made on 18 August 2017 to cancel the Applicant's authorisation as an authorised carer is stayed pending further order of the Tribunal.

3. A guardian ad litem is to act for the child.

4. The reasons for interim decision are reserved.

5. The interim order made on 18 September 2017 requiring the child to be returned to the care of the applicant upon his discharge from the mental health unit where he has been treated subject to the Applicant's undertaking as set out in that order is revoked pursuant to section 61 (1) (b) of the Administrative Decisions Review Act 1997 (NSW). Catchwords: ADMINISTRATIVE LAW- where administratively reviewable decision – where decision to cancel authorisation as an authorised carer - whether stay or other order is desirable - whether to grant an order or interim stay under section 60, 61, 62 Administrative Decisions Review Act 1997 (NSW). Legislation Cited: Administrative Decisions Review Act 1997 (NSW) 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) Evidence Act 1995 (NSW) Cases Cited: 1st Fleet Pty Ltd v Australian Co-Operative Foods Ltd [2006] NSWSC 881 AQY & AQZ v Administrative Decisions Tribunal of New South Wales [2013] NSWSC 1028 AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81 CMJ v Secretary Department of Family and Community Services [2017] NSWCATAD 52 DDR v Lifestyle Solutions (Aust) Ltd [2017] NSWCATAD 266 Elgammal v Director General, Department of Transport [1999] NSWADT 82 Goode & Goode [2006] FamCA 1346; (2006) FLC ¶93-286 Kostas v HIA Insurance Services Pty Limited [2010] HCA 32 New South Wales Bar Association v Stevens [2003] NSWCA 95 Polini v Gray (1879) 12 Ch D 438 S v Minister for Youth and Community Services (1986) 10 FamLR 849 Ye v Commissioner for Fair Trading; Ucer Investments and Resources Management Pty Ltd v Commissioner for Fair Trading [2016] NSWCATAD 147 YG & GG v Minister for Community Services [2002] NSWCA 247 Category: Procedural and other rulings Parties: DEQ (Applicant) Secretary, Department of Family and Community Services (Respondent) Representation: Advocates: P Braine (Applicant) Dr V Nguyen (Respondent) File Number(s): 2017/00276849 Publication restriction: Pursuant to section 65 of the Civil and Administrative Tribunal Act 2013 a person must not, except with the consent of the Tribunal, whether before or after the proceedings are disposed of, publish or broadcast the name of any person who appears as a witness before the Tribunal in any proceedings, or to whom any proceedings in the Tribunal relate, or who is mentioned or otherwise involved in any proceedings in the Tribunal. Note that 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.