DMG v Barnados Australia [2018] NSWCATAD 154

DMG v Barnados Australia [2018] NSWCATAD 154

The Children's Court order requiring the Secretary to report on progress in implementing the care plans, including progress towards achieving a permanent placement and the children's progress in their interim and permanent placements, implicitly approved the care plans before the Court. Those care plans included...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
18 July 2018
Procedural Posture
Administrative Review of Decision to Remove Children From Authorised Carers' Daily Care and Control / Jurisdictional Issue and Respondent's Summary Dismissal Application Determined on the Papers
Outcome
Application dismissed for want of jurisdiction; hearing of the respondent's summary dismissal application dispensed with.
Legal Topics
['tribunal Jurisdiction' 'administratively Reviewable Decisions' 'authorised Carers' 'permanency Plans' "children's Court Care Orders" 'summary Dismissal']
['administrative Law' 'care and Protection'] ['tribunal Jurisdiction' 'administratively Reviewable Decisions' 'authorised Carers' 'permanency Plans' "children's Court Care Orders" 'summary Dismissal']

Source-derived case record

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Procedural Posture

Administrative Review of Decision to Remove Children From Authorised Carers' Daily Care and Control / Jurisdictional Issue and Respondent's Summary Dismissal Application Determined on the Papers

Legal Issues

  1. 1 ["Whether the Tribunal had jurisdiction to review Barnados Australia's decision to remove from the applicants the responsibility for the daily care and control of children in their care." "Whether the decision was in relation to the enforcement of a permanency plan that had been embodied in, or approved by, an order or orders of the Children's Court under s 245(1B)(b) of the Children and Young Persons (Care and Protection) Act 1998 (NSW)." "Whether a hearing of the respondent's summary dismissal application should be dispensed with and the issue determined on the papers."]

Ratio Decidendi

The Children's Court order requiring the Secretary to report on progress in implementing the care plans, including progress towards achieving a permanent placement and the children's progress in their interim and permanent placements, implicitly approved the care plans before the Court. Those care plans included permanency plans identifying long-term placement for the children. Barnados Australia's decision to remove the children from the applicants' care was therefore a decision in relation to the enforcement of permanency plans approved by the Children's Court, and s 245(1B)(b) of the Children and Young Persons (Care and Protection) Act 1998 (NSW) excluded the Tribunal's review...

Court Disposition

Application dismissed for want of jurisdiction; hearing of the respondent's summary dismissal application dispensed with.

Orders

  • ["A hearing of the respondent's summary dismissal application is dispensed with." "The applicants' application to the Tribunal for a review of the respondent's decision to remove from them the responsibility for the daily care and control of children in their care is dismissed."]