DWZ v Wandiyali [2019] NSWCATAD 190

DWZ v Wandiyali [2019] NSWCATAD 190

The Tribunal found that the applicant had not demonstrated substantial merit for her late application for review of the decision to remove a child from her care. The delay was substantial and inadequately explained, the child's welfare required stability and certainty, and the sustained findings of substandard care constituted an unacceptable risk of harm. Consequently, the Tribunal refused to extend time and dismissed the review application.

Parties
Applicant: DWZ; Respondent: Wandiyali
Jurisdiction
Australia
Judgment Date
10 September 2019
Procedural Posture
Administrative Review Application / Application for Extension of Time; Determination on Merits
Outcome
Application for extension of time refused; Administrative Review application dismissed
Legal Topics
Extension of Time for Filing, Administrative Review of Child Care and Protection Decisions, Reportable Conduct Investigations, Procedural Fairness
Administrative Law Child Protection Extension of Time for Filing Administrative Review of Child Care and Protection Decisions Reportable Conduct Investigations Procedural Fairness

Case Brief

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Parties

DWZ

Applicant

Wandiyali

Respondent

Procedural Posture

Administrative Review Application / Application for Extension of Time; Determination on Merits

Legal Issues

  1. 1 Whether time for filing Administrative Review application should be extended
  2. 2 Whether the applicant demonstrated substantial merit in her case for review

Ratio Decidendi

The Tribunal found that the applicant had not demonstrated substantial merit for her late application for review of the decision to remove a child from her care. The delay was substantial and inadequately explained, the child's welfare required stability and certainty, and the sustained findings of substandard care constituted an unacceptable risk of harm. Consequently, the Tribunal refused to extend time and dismissed the review application.

Court Disposition

Application for extension of time refused; Administrative Review application dismissed

Orders

  • The Tribunal refuses the application to extend time for the filing of the Administrative Review application filed on 17 June 2019.
  • The application for Administrative Review filed 17 June 2019 is dismissed.