DCR and DCS v Challenge Children’s Services [2017] NSWCATAD 382

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DCR and DCS v Challenge Children's Services [2017] NSWCATAD 382 Hearing dates: 28 June 2017, 23 August 2017, 19 September 2017 Date of orders: 19 September 2017 Decision date: 19 September 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: J S Currie, Senior Member F N Given, General Member Decision: The decision of the Respondent to remove from the Applicants the responsibility for the daily care and control of the children under consideration is affirmed Catchwords: ADMINISTRATIVE REVIEW- Decision by designated agency under Children and Young Persons (Care and Protection) Act 1998 (NSW)- removal of children from care and control of authorised carers- evidence of police investigation and proceedings relevant to the decision accepted in redacted form- non-publication and non-disclosure orders made- failure of carers to comply with related directions- finding that no practical alternative decision available in the circumstances- decision affirmed.

EVIDENCE AND PROCEDURE- non-publication and non-disclosure orders- s 64 Civil and Administrative Tribunal Act (No.2) 2013 (NSW)- treatment of reports and availability of redacted version to applicants- Tribunal's decision based on redacted version. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Civil and Administrative Tribunal Act (No.2) 2013 (NSW) Civil and Administrative Rules 2014 Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW) Evidence Act 1995 (NSW) Cases Cited: AQY and AQZ v Administrative Decisions Tribunal of New South Wales [2013] NSWSC 1028 Drake v Minister of Immigration and Ethnic Affairs (1970) 2 ALD 60 Texts Cited: Nil Category: Principal judgment Parties: DCR and DCS (Applicants) Challenge Children's Services (Respondent) Representation: In person (Applicants) In person (Respondent: Days 1 and 2) Solicitors: NCS Law (N Shepherd) (Respondent: Day 3) File Number(s): 2017/00169966 Publication restriction: Publication of information that will identify the Applicant, witnesses, the children or any person to whom these proceedings relate or who is mentioned in them or otherwise involved in the proceedings and any evidence given in the proceedings which is likely to identify any of those persons is prohibited under section 64 of the Civil and Administrative Tribunal Act 2013 (NSW) and section 105 of the Children and Young Persons (Care and Protection) Act 1998 (NSW). Under s 65(4) of the Civil and Administrative Tribunal Act, the name of a person includes a reference to any information, picture or other material that identifies that person or is likely to lead to the identification of that person.