Goode v Minister for Community Services [2004] NSWADT 107

Goode v Minister for Community Services [2004] NSWADT 107

The Tribunal found that the applicants had the custody of the children as a result of a constructive decision by the Minister's delegate to place the children with them pursuant to s 91(1)(d)(ii), and thus, the decision to terminate their custody was made under s 91(1)(e) and is reviewable by the Tribunal.

Jurisdiction
Australia
Judgment Date
03 June 2004
Procedural Posture
Application for Review of Administrative Decision / Preliminary Jurisdictional Determination
Outcome
Tribunal has jurisdiction to determine the application for review
Legal Topics
['jurisdiction of Tribunal' 'reviewable Decisions' 'custody Termination' 'placement Authority Under Child Protection Statutes']
['administrative Law' 'child Welfare Law'] ['jurisdiction of Tribunal' 'reviewable Decisions' 'custody Termination' 'placement Authority Under Child Protection Statutes']

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Procedural Posture

Application for Review of Administrative Decision / Preliminary Jurisdictional Determination

Legal Issues

  1. 1 ["Whether the Tribunal has jurisdiction to review the decision to remove foster children from applicants' custody" 'Whether the decision to remove children was made under s 91(1)(e) of the Children (Care and Protection) Act 1987']

Ratio Decidendi

The Tribunal found that the applicants had the custody of the children as a result of a constructive decision by the Minister's delegate to place the children with them pursuant to s 91(1)(d)(ii), and thus, the decision to terminate their custody was made under s 91(1)(e) and is reviewable by the Tribunal.

Court Disposition

Tribunal has jurisdiction to determine the application for review

Orders

  • ['The Tribunal has jurisdiction to determine the application for review.' 'Within 14 days of the date of these reasons the Respondent is to lodge with the Tribunal any or all documents as required by s 58(1)(b) of the Administrative Decisions Tribunal Act 1997.' 'The matter to be set down for further directions on...