AEM and AEL v Life without Barriers [2012] NSWADT 240

AEM and AEL v Life without Barriers [2012] NSWADT 240

The Tribunal found that the evidence regarding the allegations against AEM was inconsistent, uncorroborated and did not meet the civil standard of proof. There was insufficient reliable evidence to substantiate the allegations or to establish an unacceptable risk to children in the care of AEM and AEL. Consequently, the decision to cancel their authorisation as carers was not correct or preferable, and should be set aside.

Jurisdiction
Australia
Judgment Date
21 November 2012
Procedural Posture
Application for Review of Decision (community Services) / Final Decision
Outcome
The decision to cancel the authorisation of AEM and AEL as carers is set aside.
Legal Topics
['revocation of Carer Authorisation' 'out of Home Care' 'risk Assessment' 'unacceptable Risk' 'review of Administrative Decisions']
['administrative Law' 'community Services' 'child Protection'] ['revocation of Carer Authorisation' 'out of Home Care' 'risk Assessment' 'unacceptable Risk' 'review of Administrative Decisions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Review of Decision (community Services) / Final Decision

Legal Issues

  1. 1 ["Whether AEM and AEL's authorisation as foster carers should be cancelled" 'Whether allegations of sexual assault made against AEM are substantiated' 'Whether there is an unacceptable risk to children if AEM and AEL remain authorised carers' 'Whether AEM was an authorised carer']

Ratio Decidendi

The Tribunal found that the evidence regarding the allegations against AEM was inconsistent, uncorroborated and did not meet the civil standard of proof. There was insufficient reliable evidence to substantiate the allegations or to establish an unacceptable risk to children in the care of AEM and AEL. Consequently, the decision to cancel their authorisation as carers was not correct or preferable, and should be set aside.

Court Disposition

The decision to cancel the authorisation of AEM and AEL as carers is set aside.

Orders

  • ['The decision made by Life Without Barriers to cancel the authorisation of AEM and AEL is set aside.' 'The parties have leave, should they consider it necessary, to re-list the matter with respect to the proceedings concerning ACZ.']