DEN v Benevolent Society [2018] NSWCATAD 131

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DEN v Benevolent Society [2018] NSWCATAD 131 Hearing dates: 9 March and 24 April 2018 Date of orders: 26 June 2018 Decision date: 26 June 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: M Hitter, Senior Member D Crowley, General Member Decision: 1. The decision of the respondent to remove from DEN the responsibility for the daily care and control of "S" and "J" is affirmed.

2. The decision of the respondent to cancel DEN's authorisation as an authorised carer is affirmed. Catchwords: ADMINISTRATIVE LAW- administratively reviewable decision – where decision to cancel authorised carer status and remove the responsibility for the daily care and control of children under the care of the Minister. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Children and Young Persons (Care and Protection) Act 1998 Children and Young Persons (Care and Protection) Regulation 2012 Civil and Administrative Tribunal Act 2013 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW) Evidence Act 1995 (NSW) Cases Cited: CMJ v Secretary Department of Family and Community Services [2017] NSWCATAD 52 DDR & DDS v Lifestyle Solutions (Aust) Ltd [2017 NSWCATAD 266 DEN v Benevolent Society [2017] NSWCATAD 309 Kostas v HIA Insurance Services Pty Limited [2010] HCA 32 Roberts v Bianco (1987) 8 NSWLR 436 Category: Principal judgment Parties: DEN (Applicant) Benevolent Society (Respondent) Representation: Solicitors: Care Legal (Applicant) R McLachlan (Respondent)