DRD v Secretary Department of Family and Community Services [2019] NSWCATAD 22

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DRD v Secretary Department of Family and Community Services [2019] NSWCATAD 22 Hearing dates: 17 January 2019 Date of orders: 31 January 2019 Decision date: 31 January 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: M Anderson, Senior Member Decision: (1) The Tribunal decides to deal with the applicant's application pursuant to s 55(4) of the Administrative Decisions Review Act 1997. (2) The application for administrative review filed 13 December 2018 is dismissed because the Tribunal does not have jurisdiction. (3) The stay application is dismissed because the Tribunal does not have jurisdiction. Catchwords: ADMINISTRATIVE LAW- whether administratively reviewable decision – where decision to change contact regime for child in authorised care – where internal review has not occurred or been sought in relation to the decision sought to be reviewed – where no jurisdiction to review challenged decision. Legislation Cited: Administrative Decisions Review Act 1997 (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) Evidence Act 1995 (NSW) Cases Cited: AQY & AQZ v Administrative Decisions Tribunal of New South Wales [2013] NSWSC 1028 DON v Key Assets NSW Ltd [2018] NSWCATAD 252 DMG v Barnardos Australia [2018] NSWCATAD 154 IO v Department of Family and Community Services (CSD) [2012] NSWADTAP 42 IO v Director-General Department of Community Services [2008] NSWADT 267 Kostas v HIA Insurance Services Pty Limited [2010] HCA 32 The Mutual Life and Citizens' Assurance Company Ltd v Attorney General (Qld) & anor (1961) 106 CLR 48 YG & GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: Nil Category: Principal judgment Parties: DRD (Applicant) Secretary Department of Family and Community Services (Respondent) Representation: Advocates: DRD(Self Represented) (Applicant) J Smith (Respondent)