BWO and BWP v Barnardos Australia [2015] NSWCATAD 216

BWO and BWP v Barnardos Australia [2015] NSWCATAD 216

On the material before the Tribunal, the applicants' financial circumstances, including calculated surplus income, assets and unutilised earning capacity, were adequate for the assessment process with a view to adoption to continue. The other matters raised by the respondent did not make further assessment futile....

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 October 2015
Procedural Posture
Administrative Review of Decision Not to Proceed Further With Assessment Application to Provide Permanent Care With a View to Adoption / Principal Judgment After Hearing
Outcome
Decision set aside and substituted decision made requiring the respondent to proceed further with the applicants' assessment application on the basis that the financial requirement is satisfied.
Legal Topics
['administrative Review Under Section 63 Administrative Decisions Review Act 1997' 'reviewable Adoption Decision' 'assessment of Prospective Adoptive Carers' 'financial Circumstances of Carers' 'best Interests of the Child' 'correct and Preferable Decision']
['administrative Law' 'adoption' 'children and Young Persons'] ['administrative Review Under Section 63 Administrative Decisions Review Act 1997' 'reviewable Adoption Decision' 'assessment of Prospective Adoptive Carers' 'financial Circumstances of Carers' 'best Interests of the Child' 'correct and Preferable Decision']

Source-derived case record

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Procedural Posture

Administrative Review of Decision Not to Proceed Further With Assessment Application to Provide Permanent Care With a View to Adoption / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether the decision to not proceed further with the applicants' assessment application because of their financial circumstances was the correct and preferable decision." 'Whether the Tribunal had review jurisdiction notwithstanding repeal of the Adoption Regulation 2003 (NSW) and absence of internal review.' "Whether the applicants' financial circumstances satisfied the requirement concerning capacity to adequately provide for the child's needs." "Whether the child's best interests, safety, welfare and wellbeing supported continuation of the assessment process."]

Ratio Decidendi

On the material before the Tribunal, the applicants' financial circumstances, including calculated surplus income, assets and unutilised earning capacity, were adequate for the assessment process with a view to adoption to continue. The other matters raised by the respondent did not make further assessment futile. Having regard to the child's best interests, safety, welfare and wellbeing, the correct and preferable decision was to set aside the decision not to proceed further and substitute a decision that the financial requirement was satisfied and the assessment should continue.

Court Disposition

Decision set aside and substituted decision made requiring the respondent to proceed further with the applicants' assessment application on the basis that the financial requirement is satisfied.

Orders

  • ["That the decision made on or about 28 April 2015 and notified to the applicants by letter dated 4 May 2015 to not proceed further with their application to provide permanent care with a view to adoption for the child currently placed in a crisis placement with the applicants through the Barnardos Temporary Family...