DON v Key Assets NSW Ltd [2018] NSWCATAD 252

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DON v Key Assets NSW Ltd [2018] NSWCATAD 252 Hearing dates: 25 October 2018 Date of orders: 25 October 2018 Decision date: 25 October 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: 1. The Tribunal decides that it has jurisdiction to review the decision to remove the children from the applicant's care on 24 July 2018.

2. The Tribunal decides to deal with the applicant's application pursuant to s 55(6) of the Administrative Decisions Review Act 1997.

3. The respondent's application for summary dismissal is dismissed. Catchwords: ADMINISTRATIVE REVIEW – Child protection – Tribunal's power to review designated agency's decision to remove child from authorised carer and place child in respite pending outcome of investigation ADMINISTRATIVE REVIEW – Where application made to the Tribunal before internal review taken to be finalised – Whether it is necessary for the Tribunal to deal with the application in order to protect the applicant's interests. Legislation Cited: Administrative Decisions Review Act 1997 Children and Young Persons (Care and Protection) Act 1998 Children and Young Persons (Care and Protection) Regulation 2012 Civil and Administrative Tribunal Act 2013 Community Services (Complaints, Reviews and Monitoring) Act 1993 Cases Cited: DMG v Barnados Australia [2018] NSWCATAD 154 DOJ v Secretary, Department of Family and Community Services [2018] NSWCATAD 211 Category: Procedural and other rulings Parties: DON (Applicant) Key Assets NSW Ltd (Respondent) Representation: Solicitors: NLS Law (Applicant) Harpers Legal (Respondent) File Number(s): 2018/00269923 Publication restriction: Section 65 of the Civil and Administrative Tribunal Act 2013 (NSW) applies to these proceedings.