DOJ v Secretary, Department of Family and Community Services [2018] NSWCATAD 211

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DOJ v Secretary, Department of Family and Community Services [2018] NSWCATAD 211 Hearing dates: 30 August 2018, 5 September 2018 Date of orders: 11 September 2018 Decision date: 11 September 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: The applicant's application for a stay is dismissed. Catchwords: ADMINISTRATIVE REVIEW – Child protection – Where respondent removed two foster children from the applicant's care – Where allegations of physical assault made against foster mother – Where applicant applied for stay of decision to remove children from her care - Interests of persons affected by determination of the application – Public interest - 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) Civil and Administrative Tribunal Rules 2014 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW) Cases Cited: DFS and DFT v Challenge Community Services [2017] NSWCATOD 177 Loveday v Commissioner for Fair Trading [2018] NSWCATAD 80 The Secretary, Department of Family and Community Services v Allana Pearl Smith [2016] NSWSC 1384 Category: Consequential orders (other than Costs) Parties: DOJ (Applicant) Secretary, Department of Family and Community Services (Respondent) Representation: Solicitors: Applicant in person Respondent's in-house solicitor File Number(s): 2018/00258074 Publication restriction: Section 65 of the Civil and Administrative Tribunal Act 2013 (NSW) prohibits the publication or broadcast of the names of certain persons.