ECX v Secretary, Department of Communities and Justice [2019] NSWCATAD 252

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ECX v Secretary, Department of Communities and Justice [2019] NSWCATAD 252 Hearing dates: 29 November 2019 and 4 December 2019 Date of orders: 09 December 2019 Decision date: 09 December 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: (1) The Tribunal decides to deal with the applicant's application to the Tribunal for review of the respondent's decisions, even though the applicant has not duly applied for internal review of those decisions. (2) The applicant's application for orders staying or otherwise affecting the operation of the decisions under review is refused. Catchwords: ADMINISTRATIVE LAW – Child Protection – Whether respondent decided to remove care responsibility for a child from the applicant - Late application for internal review – Whether respondent unreasonably refused to consider the applicant's late application for internal review - Stay application – Decisions to remove care responsibility for children from foster carer and to cancel foster carer's authorisation – Interests of persons affected by decision – Whether stay 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) 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) Cases Cited: AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81 DOJ v Secretary, Department of Family and Community Services [2018] NSWCATAD 211 Loveday v Commissioner for Fair Trading [2018] NSWCATAD 80 S v Minister for Youth and Community Services (1986) 10 FamLR 849 The Secretary, Department of Family and Community Services v Allana Pearl Smith [2016] NSWSC 1384 Texts Cited: None cited Category: Procedural and other rulings Parties: ECX (Applicant) Secretary, Department of Communities and Justice (Respondent) Representation: Solicitors: Applicant (Self Represented) Department of Communities and Justice Legal (Respondent) File Number(s): 2019/00366571 Publication restriction: Pursuant to s 65 of the Civil and Administrative Tribunal Act 2013, publication or broadcast of the names of certain persons mentioned or involved in these proceedings is prohibited.