DEN v Benevolent Society [2017] NSWCATAD 309

DEN v Benevolent Society [2017] NSWCATAD 309

Given the evidence of unresolved risk, contested factual matters unsuitable for interim determination, the need to maintain the children’s stability and well-being pending final decision, and the weight of public interest in child protection, it is not desirable to grant the stay or interim order sought by the applicant at this stage.

Parties
Applicant: DEN; Respondent: Benevolent Society
Jurisdiction
Australia
Judgment Date
25 October 2017
Procedural Posture
Administrative Review / Interim Application for Stay/interim Order Pending Substantive Review
Outcome
Application for stay/interim order dismissed
Legal Topics
Stay of Administrative Decision, Review of Decision to Remove Authorised Carer, Child Welfare and Out of Home Care, Interim Relief
Administrative Law Child Protection Law Stay of Administrative Decision Review of Decision to Remove Authorised Carer Child Welfare and Out of Home Care Interim Relief

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Parties

DEN

Applicant

Benevolent Society

Respondent

Procedural Posture

Administrative Review / Interim Application for Stay/interim Order Pending Substantive Review

Legal Issues

  1. 1 Whether to grant a stay or interim order under section 60 of the Administrative Decisions Review Act 1997 (NSW) concerning removal of carer responsibilities
  2. 2 Whether there is sufficient reason to stay the removal of the applicant's responsibility for daily care and control of the children pending final review

Ratio Decidendi

Given the evidence of unresolved risk, contested factual matters unsuitable for interim determination, the need to maintain the children’s stability and well-being pending final decision, and the weight of public interest in child protection, it is not desirable to grant the stay or interim order sought by the applicant at this stage.

Court Disposition

Application for stay/interim order dismissed

Orders

  • The application for stay or interim order filed 29 August 2017 is dismissed.