DFS and DFT v Challenge Community Services [2017] NSWCATOD 177

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DFS and DFT v Challenge Community Services [2017] NSWCATOD 177 Hearing dates: 8 November 2017 Date of orders: 08 November 2017 Decision date: 08 November 2017 Jurisdiction: Occupational Division Before: S Higgins, Senior Member Decision: 1. The request of DFS and DFT to stay the decision made by the respondent on 27 October 2017 to remove child A (13 yrs) and child B (7 yrs) from their care is refused.

2. By consent, the Tribunal determines to deal with the applicants' application in the absence of an internal review.

3. Challenge Community Services is to give to the Tribunal and all other parties a redacted copy of the confidential material on which it relies, on or before 15 November 2017.

4. Challenge Community Services to give to the Tribunal and all other parties the following material: documents under s 58 of the Administrative Decisions Review Act 1997 and evidence including statements on or before 29 November 2017.

5. DFS and DFT are to give to the Tribunal and the other party the following material; evidence including statements on or before 14 December 2017.

6. The proceedings are listed for directions on 19 December 2017, at 2.00pm at John Maddison Tower, Level 10, 86-90 Goulburn Street, Sydney for 10 minutes.

7. Challenge Community Services is allowed to appear by phone at the directions hearing.

8. The proceeding is listed for hearing on 22 January 2018 at 10.00 am at John Maddison Tower, Level 10, 86-90 Goulburn Street, Sydney for 1 day. Catchwords: ADMINISTRATIVE REVIEW – interlocutory application for a stay of the administrative decision the subject of review – respondent decided to remove two children from the day-to-day care of the applicants following receipt of a report(s) that indicated the children were at risk of significant harm - applicants are authorised as carers to provide out-of-home care – applicants' sought an order staying the decision of the respondent pending determination of their application for review - whether having regard to the interests of the persons who would be affected by the order, the submissions of the respondent and the public interest it is desirable and appropriate to make an order to stay the decision of the respondent so as to secure the effectiveness of the applicants' application for review – application for stay order refused. 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) Cases Cited: AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81; 78 NSWLR 302 CMJ v Secretary, Department of Family and Community Services and Wesley Dalmar [2017] NSWCATAD 52 DDR & DDS v Lifestyle Solutions (Aust) Ltd [2017] NSWCATAD 266 Elgammal v Director General, Department of Transport [1999] NSWADT 82 YG & GG v Minister for Community Services [2002] NSWCA 247 Category: Procedural and other rulings Parties: DFS and DFT (Applicants) Challenge Community Services (Respondent) Representation: Solicitors: Ellis McLachlan Lawyers and Solicitors (Applicants) NLS Law (Respondent) File Number(s): 2017/00327493 Publication restriction: Pursuant to section 65(1)(b) and (2) 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