CXB v Biripi Aboriginal Corporation Medical Centre [2017] NSWCATAD 372

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CXB v Biripi Aboriginal Corporation Medical Centre [2017] NSWCATAD 372 Hearing dates: 11-12 September 2017; 13 October 2017 Date of orders: 20 October 2017 Decision date: 20 October 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member D Crowley, General Member Decision: In proceedings 2017/00048316: 1. The applicants' application for leave to amend their application is refused.

2. The respondent's name is changed to Biripi Aboriginal Corporation Medical Centre.

3. The respondent's decision to remove the three girls from the applicants' care is affirmed.

In proceedings 2017/00226365: 1. The respondent's name is changed to Biripi Aboriginal Corporation Medical Centre.

2. The respondent's decision to cancel the first applicant's authorisation as an authorised carer is affirmed.

3. The respondent's decision to cancel the second applicant's authorisation as an authorised carer is affirmed. Catchwords: ADMINISTRATIVE LAW – Authorised carers – Where allegations of ill treatment and assault made against male carer – Where one allegation sustained – Where there was a consistent pattern of allegations over a period of time – Where female carer acknowledged hitting child on one occasion and pulling child's hair on another – Where female carer having difficulty coping with challenging behaviour of four children - Removal of children from care of authorised carers – Cancellation of authorisation of authorised carers – Risk of harm to children – Whether correct and preferable decisions Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (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: Australian Securities and Investments Commission v Donald (2003) 136 FCR 7 DFaCS (NSW) and the Colt Children [2013] NSWChC 5 M v M (1988) 166 CLR 69 Re Tanya [2016] NSWSC 794 YG & GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: CXB (First Applicant) CXC (Second Applicant) Biripi Aboriginal Corporation Medical Centre (Respondent) Representation: Counsel: I Fraser (Respondent)