DOK v Anglicare [2018] NSWCATAD 204

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DOK v Anglicare [2018] NSWCATAD 204 Hearing dates: 30 August 2018 Date of orders: 31 August 2018 Decision date: 31 August 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: 1. The Tribunal determines to deal with the application for review of the decision to remove a child from the applicant's care, even though the applicant has not duly applied for internal review of that decision.

2. The applicant's application for a stay is granted.

3. The respondent is to arrange for the return of the child the subject of these proceedings to the applicant by 5pm on two business days after the date of this decision – i.e. Tuesday 2 September 2018.

4. The proceedings are listed for directions at 10.30am on 13 September 2018 at Level 10, John Maddison Tower, 86-90 Goulburn Street Sydney. The parties may appear by telephone if they choose to do so and notify the Tribunal of this in advance of the directions hearing. Catchwords: ADMINISTRATIVE REVIEW – Where application made to the Tribunal without applying for internal review – Relevant principles – Whether it is necessary for Tribunal to deal with application to protect applicant's interests

ADMINISTRATIVE REVIEW – Child protection – Where respondent made decision to remove a child from applicant's care – Where another, older child in the applicant's care charged with sexual assault against a young boy – Where applicant applied for stay of decision to remove child from her care - 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 DHJ v Secretary, Department of Family and Community Services [2018] NSWCATAD 45 Loveday v Commissioner for Fair Trading [2018] NSWCATAD 80 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: DOK (Applicant) Anglicare (Respondent) Representation: Solicitors: Applicant in person Ms Renshaw (Respondent) File Number(s): 2018/00260425 Publication restriction: Section 65 of the Civil and Administrative Tribunal Act 2013 (NSW) applies to these proceedings.