DON v Key Assets NSW Ltd [2018] NSWCATAD 252

DON v Key Assets NSW Ltd [2018] NSWCATAD 252

The designated agency's decision to remove the children from the applicant, thereby removing her day-to-day care and control, is a reviewable decision under s 245(1)(c) of the Children and Young Persons (Care and Protection) Act 1998, and the Tribunal has jurisdiction to review it. The Tribunal will proceed to hear the application to protect the applicant's interests, notwithstanding any irregularity in the timing of the application relative to the internal review process.

Parties
Applicant: DON; Respondent: Key Assets NSW Ltd
Jurisdiction
Australia
Judgment Date
25 October 2018
Procedural Posture
Administrative Review / Summary Dismissal Application Decision
Outcome
Tribunal has jurisdiction to review; summary dismissal refused; application to proceed.
Legal Topics
Tribunal Jurisdiction, Reviewable Decision, Removal of Children From Authorised Carer, Internal Review Process, Powers of Designated Agency
Administrative Law Child Protection Equal Opportunity Tribunal Jurisdiction Reviewable Decision Removal of Children From Authorised Carer Internal Review Process Powers of Designated Agency

Case Brief

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Parties

DON

Applicant

Key Assets NSW Ltd

Respondent

Procedural Posture

Administrative Review / Summary Dismissal Application Decision

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to review the decision to remove children from an authorised carer pending investigation
  2. 2 Whether the removal decision is a reviewable decision under s 245(1)(c) of the Children and Young Persons (Care and Protection) Act 1998
  3. 3 Whether the application to the Tribunal was premature under the internal review provisions

Ratio Decidendi

The designated agency's decision to remove the children from the applicant, thereby removing her day-to-day care and control, is a reviewable decision under s 245(1)(c) of the Children and Young Persons (Care and Protection) Act 1998, and the Tribunal has jurisdiction to review it. The Tribunal will proceed to hear the application to protect the applicant's interests, notwithstanding any irregularity in the timing of the application relative to the internal review process.

Court Disposition

Tribunal has jurisdiction to review; summary dismissal refused; application to proceed.

Orders

  • The Tribunal decides that it has jurisdiction to review the decision to remove the children from the applicant's care on 24 July 2018.
  • The Tribunal decides to deal with the applicant's application pursuant to s 55(6) of the Administrative Decisions Review Act 1997.