DCF v Life Without Barriers [2018] NSWCATAD 142

DCF v Life Without Barriers [2018] NSWCATAD 142

The decision not to proceed with the applicant's assessment to become an authorised carer was not within the operative section 245 of the Children and Young Persons (Care and Protection) Act 1998 (NSW), because amendments commencing on 2 November 2015 removed decisions to authorise or not authorise a person as an...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 July 2018
Procedural Posture
Administrative Review Application / Summary Dismissal Application Determined on the Papers
Outcome
Application dismissed pursuant to section 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW); requirement for a hearing dispensed with; publication restriction made.
Legal Topics
['administrative Review Jurisdiction' 'authorised Carer Assessment' 'household Member Approval' 'summary Dismissal' 'dispensing With Hearing' 'publication Restriction']
['administrative Law' 'child Protection'] ['administrative Review Jurisdiction' 'authorised Carer Assessment' 'household Member Approval' 'summary Dismissal' 'dispensing With Hearing' 'publication Restriction']

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Procedural Posture

Administrative Review Application / Summary Dismissal Application Determined on the Papers

Legal Issues

  1. 1 ["Whether the Tribunal had administrative review jurisdiction to review Life Without Barriers' decision not to proceed with the applicant's assessment to become an authorised carer." "Whether the Tribunal had administrative review jurisdiction to review the revocation of the applicant's approval as a household member." 'Whether the application should be dismissed as misconceived or lacking in substance.']

Ratio Decidendi

The decision not to proceed with the applicant's assessment to become an authorised carer was not within the operative section 245 of the Children and Young Persons (Care and Protection) Act 1998 (NSW), because amendments commencing on 2 November 2015 removed decisions to authorise or not authorise a person as an authorised carer from Tribunal review. The decision to revoke approval as a household member was also not contained in section 245. There was therefore no identifiable administratively reviewable decision, the Tribunal had no jurisdiction, and the proceedings were misconceived or lacking in substance.

Court Disposition

Application dismissed pursuant to section 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW); requirement for a hearing dispensed with; publication restriction made.

Orders

  • ['The requirement for a hearing is dispensed with pursuant to section 50 of the Civil and Administrative Tribunal Act 2013 (NSW).' 'The application filed 18 September 2017 is dismissed pursuant to section 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) since the proceedings are misconceived or...