BKS v Secretary, Department of Family and Community Services [2017] NSWCATAD 362

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BKS v Secretary, Department of Family and Community Services [2017] NSWCATAD 362 Hearing dates: 14 September 2017 Date of orders: 14 September 2017 Decision date: 14 September 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: M Anderson, Senior Member Decision: (1) The application is dismissed. Catchwords: ADMINISTRATIVE LAW- Administrative review jurisdiction – jurisdiction of the Tribunal – where children removed from the care of the applicants more than 2 years prior to the cancellation of the authorisation - where prior determination of the Tribunal. 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) Regulation 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW) Cases Cited: Commission for Children and Young People v FZ [2011] NSWCA 111 Roberts v Balancio (1987) 8 NSWLR 436 Category: Principal judgment Parties: BKS (Applicant) Secretary Department of Family and Community Services (Respondent) Representation: Advocates: In Person (Applicant) V Nguyen (Respondent)

Solicitors: Legal Services Unit Department of Family and Community Services (Respondent) File Number(s): 2017/00204822 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the name of the name of the applicant is not to be published