DRZ v Barnardos Australia [2020] NSWCATAP 47

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DRZ v Barnardos Australia [2020] NSWCATAP 47 Hearing dates: 3 December 2019 Date of orders: 17 March 2020 Decision date: 17 March 2020 Jurisdiction: Appeal Panel Before: N Hennessy ADCJ, Deputy President P Durack SC, Senior Member Decision: (1) The appeal is upheld in part. (2) Within 14 days of the date of this decision, the appellant is directed to file and serve submissions on the orders the Appeal Panel should make and whether a further hearing should be dispensed with. (3) Within 14 days of receiving the appellant's submissions, the respondent is directed to file and serve submissions in reply. Catchwords: APPEAL – decision to remove child and cancel authorisation as an authorised carer – whether Tribunal misconstrued the Code of Conduct for Authorised Carers - whether Tribunal made other errors of law Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Children and Young Person (Care and Protection) Regulation 2012 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 JL v Secretary, Department of Family and Community Services [2015] NSWCA 88 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Moussa Enterprises Pty ltd v Stanford [2015] NSWCATAP 99 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Pollard v RRR corporation Pty limited [2009] NSWCA 110 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWCA 112 Texts Cited: DC Pearce and RS Geddes, Statutory Interpretation in Australia (9th ed, 2019, Lexis Nexis) Category: Principal judgment Parties: DRZ (Appellant) Barnardos Australia (Respondent) Representation: Counsel: