DHJ v Secretary, Department of Family and Community Services [2018] NSWCATAD 45

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DHJ v Secretary, Department of Family and Community Services [2018] NSWCATAD 45 Hearing dates: 23 January 2018 Date of orders: 23 January 2018 Decision date: 23 January 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: 1. The application for administrative review of the respondent's decision to remove a child from the applicant's care ("the foster child") is to be dealt with by the Tribunal, notwithstanding that the applicant has not applied for internal review of the decision. 2. The application for a stay is granted. 3. The respondent is to arrange for the foster child to be returned to the care of the applicant by 11am on 24 January 2018. 4. By consent, the publication or broadcast of the name of the applicant and any child referred to in these proceedings is prohibited. Catchwords: ADMINISTRATIVE LAW – Child Protection – Where respondent made reviewable decision to remove foster child from care of authorised carer – Applications for review and for a stay of decision – Where applicant did not apply for internal review – Whether it is necessary for the Tribunal to deal with the application in order to protect the applicant's interests – Whether respondent given a reasonable opportunity to make submissions in relation to the proposed stay – Interests of persons affected by determination of the application - Whether grant of a stay is appropriate to secure the effectiveness of the determination of the application 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: AHJ v NSW Trustee and Guardian [2011] NSWADT 311 DFS and DFT v Challenge Community Services [2017] NSWCATOD 177 The Secretary, Department of Family and Community Services v Allana Pearl Smith [2016] NSWSC 1384 Ye v Commissioner for Fair Trading; Ucer Investments and Resources Management Pty Ltd v Commissioner for Fair Trading [2016] NSWCATAD 147 Category: Consequential orders (other than Costs) Parties: DHJ (Applicant) Secretary, Department of Family and Community Services (Respondent) Representation: Counsel: