DCP v Challenge Children’s Services [2017] NSWCATAD 365

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DCP v Challenge Children's Services [2017] NSWCATAD 365 Hearing dates: 25 July 2017 and 22 August 2017 Date of orders: 14 December 2017 Decision date: 14 December 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: M Anderson, Senior Member R Royer, General Member Decision: (1) The decision to remove from the applicant the responsibility for the daily care and control of the children is affirmed. Catchwords: ADMINISTRATIVE LAW-review of decisions under section 245 Children and Young Persons (Care and Protection) Act 1998(NSW) and section 28 (1)(a) Community Services (Complaints, Reviews and monitoring) Act 1993 (NSW) – where removal of children from the care responsibility for the daily care and control of the children of the applicant due to allegations of reportable conduct – where six allegations were substantiated – where issue is the correct and preferable decision having regard to the material before 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) Evidence Act 1995 (NSW) Ombudsman Act 1974 (NSW) Cases Cited: AQY & AQZ v Administrative Decisions Tribunal of New South Wales [2013] NSWSC 1028 Bell-Collins Children v Secretary, Department of Family and Community Services (No. 2) [2016] NSWSC 853 Blinko and Blinko [2015] FamCAFC 146 Deiter & Deiter [2011] FamCAFC 82 Department of Family and Community Services (NSW) and the Bell-Collins Children [2014] NSWChC 5 DFaCS (NSW) and the Colt Children [2013] NSWChC 5 Director-General, Department of Community Services v D & Ors [2007] NSWSC 762 J v Lieschke [1987] HCA 4; (1987) 162 CLR 447 Johnson v Page [2007] Fam CA 1235; (2007) FLC 93-344 Kostas v HIA Insurance Services Pty Limited [2010] HCA 32 M v M [1988] HCA 68; 166 CLR 69 MXS v Department of Family and Human Services (NSW) [2012] NSWDC 63 PR v Department of Community Services [2009] NSWADT 277 Re Cameron [2012] NSWSC 1453 Re Kerry (No 2) [2012] NSWCA 127 Roberts v Balancio (1987) 8 NSWLR 436 The Department of Community Services v "Rachel Grant", "Tracy Reid", "Sharon Reid and "Frank Reid" [2010] CLN 1 YG & GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: DCP (Applicant) Challenge Children's Services (Respondent) Representation: In Person (Applicant)