Worthy -v- Minister, Community Services [2001] NSWADT 195

Worthy -v- Minister, Community Services [2001] NSWADT 195

The applicants were approved by the Department to participate in its Short Term Intensive Support Program, but the evidence did not establish that they had applied for or been granted a fostering authority as defined in Schedule 1 of the Children (Care and Protection) Act 1987. Because they did not require a fostering authority to care for children placed with them by the Minister or Director-General, the similarity between the Department's assessment process and the statutory fostering authority process did not justify inferring that an authority had been granted. The revocation of their carer approval was therefore not a reviewable decision under s.112, and the Tribunal lacked...

Jurisdiction
Australia
Judgment Date
22 November 2001
Procedural Posture
Application for Review of a Decision to Revoke Approval to Provide Foster Care / On the Papers; Jurisdiction
Outcome
Application dismissed.
Legal Topics
['tribunal Jurisdiction' 'reviewable Decisions' 'foster Care Approval' 'fostering Authority']
['administrative Law' 'community Services' 'child Protection'] ['tribunal Jurisdiction' 'reviewable Decisions' 'foster Care Approval' 'fostering Authority']

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Procedural Posture

Application for Review of a Decision to Revoke Approval to Provide Foster Care / On the Papers; Jurisdiction

Legal Issues

  1. 1 ["Whether the Administrative Decisions Tribunal had jurisdiction to review the Department's decision to revoke the applicants' approval to provide foster care." "Whether the Department's revocation of foster carer approval was a decision to suspend or revoke a licence or authority reviewable under s.112 of the Children (Care and Protection) Act 1987."]

Ratio Decidendi

The applicants were approved by the Department to participate in its Short Term Intensive Support Program, but the evidence did not establish that they had applied for or been granted a fostering authority as defined in Schedule 1 of the Children (Care and Protection) Act 1987. Because they did not require a fostering authority to care for children placed with them by the Minister or Director-General, the similarity between the Department's assessment process and the statutory fostering authority process did not justify inferring that an authority had been granted. The revocation of their carer approval was therefore not a reviewable decision under s.112, and the Tribunal lacked...

Court Disposition

Application dismissed.

Orders

  • ['Application dismissed.']