EKH v Burran Darai Aboriginal Corporation Inc [2020] NSWCATAD 266

EKH v Burran Darai Aboriginal Corporation Inc [2020] NSWCATAD 266

The interests of justice required extension of time because the applicants provided a reasonable explanation for delay, the delay was not unduly long, there was no significant prejudice to the respondent, applicants had a fairly arguable case, and the public interest in the safety, welfare and well-being of the children warranted review of the removal decision. The respondent also failed to properly conduct an internal review as required by statute.

Jurisdiction
Australia
Judgment Date
27 October 2020
Procedural Posture
Administrative Review / Application for Extension of Time
Outcome
Time for making administrative review application extended; matter listed for directions.
Legal Topics
['extension of Time' 'review of Out of Home Care Decisions' 'tribunal Jurisdiction' 'internal Review Requirements']
['administrative Law' 'child Protection'] ['extension of Time' 'review of Out of Home Care Decisions' 'tribunal Jurisdiction' 'internal Review Requirements']

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Procedural Posture

Administrative Review / Application for Extension of Time

Legal Issues

  1. 1 ['Whether time for making an administrative review application should be extended for review of decision to remove children from care of authorised carer' 'Whether respondent complied with internal review procedures under the relevant legislation' 'Whether delay in making the application was reasonably explained' 'Whether applicants have a fairly arguable case']

Ratio Decidendi

The interests of justice required extension of time because the applicants provided a reasonable explanation for delay, the delay was not unduly long, there was no significant prejudice to the respondent, applicants had a fairly arguable case, and the public interest in the safety, welfare and well-being of the children warranted review of the removal decision. The respondent also failed to properly conduct an internal review as required by statute.

Court Disposition

Time for making administrative review application extended; matter listed for directions.

Orders

  • ["Time is extended for the making of the applicants' administrative review application to the date of lodgement, 17 August 2020." 'The matter is listed for directions on 5 November 2020 at 10.30am. The parties are to appear by telephone.']