DCF v Life Without Barriers [2018] NSWCATAD 142

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DCF v Life Without Barriers [2018] NSWCATAD 142 Hearing dates: On the papers Date of orders: 02 July 2018 Decision date: 02 July 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: M Anderson, Senior Member Decision: 1) The requirement for a hearing is dispensed with pursuant to section 50 of the Civil and Administrative Tribunal Act 2013 (NSW).

2) The application filed 18 September 2017 is dismissed pursuant to section 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) since the proceedings are misconceived or lacking in substance.

3) With the exception of expert witnesses and officers of government agencies, the publication or broadcast of the name of any person mentioned in these proceedings or referred to in the documentary material lodged in these proceedings is prohibited. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013.

It is noted 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. Catchwords: ADMINISTRATIVE LAW- administrative review jurisdiction of the Tribunal - order dispensing with a hearing - section 28(1)(a) of the Community Services (Complaints, Reviews and Monitoring) Act 1993 - where no administratively reviewable decision - where the decision sought to be reviewed does not come within section 245 Children and Young Persons (Care and Protection) Act 1998(NSW). Legislation Cited: Administrative Decisions Review Act 1997(NSW) Child Protection Legislation Amendment Act 2015 (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: Commission for Children and Young People v FZ [2011] NSWCA 111 Roberts v Balancio (1987) 8 NSWLR 436 YG & GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: DCF (Applicant) Life Without Barriers (Respondent) Representation: Advocates: J Smith (Respondent)