DRO v South Coast Medical Aboriginal Corporation [2019] NSWCATAD 204

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DRO v South Coast Medical Aboriginal Corporation [2019] NSWCATAD 204 Hearing dates: 20 May 2019 Date of orders: 02 October 2019 Decision date: 02 October 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: C A Mulvey, Senior Member D Crowley, General Member Decision: (1) The decision made by the Respondent made on 14 December 2018 to cancel the authorisation of DRO as an authorised carer is set aside (2) It is declared that DRO is to remain as an authorised carer with the following conditions: (a) DRO is only authorised to care for up to two children at any one time; (b) DRO's mother is to have no involvement in, or in relation to, the care of children with whom DRO has the daily care and responsibility as an authorised carer. Catchwords: ADMINISTRATIVE LAW – review under section 245 Children and Young Persons (Care and Protection) Act 1998 (NSW) – child protection – care and protection of children – cancellation of authorisation as an authorised carer. Legislation Cited: Adoption Act 2000 Adoption Information Act 1990 Administrative Decisions Review Act 1997(NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Children and Young Persons (Care and Protection) Regulation 2012 Community Services (Complaints Reviews and Monitoring) Act 1993 Disability Inclusion Act 2014 Cases Cited: Briginshaw v Briginshaw [1938] HCA 34 M v M [1988] HCA 68 Category: Principal judgment Parties: DRO (Applicant) South Coast Medical Services Aboriginal Corporation (Respondent) Representation: Solicitors: A Robinson (Applicant) A Carter (Respondent) File Number(s): 2018/00398306 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the Tribunal restricts disclosure of the name of the applicant, his victims or of evidence given and received in the Tribunal hearing or in relation to the proceedings which is likely to identify those persons.