AB v X Services [2023] NSWSC 676

AB v X Services [2023] NSWSC 676

The defendant did not have the power under the Regulations to cancel the plaintiffs’ authorisation as authorised carers, as neither the necessary period of time had elapsed nor was their authorisation limited to care of a single child; the cancellation decision was made in excess of jurisdiction and was therefore quashed by consent.

Parties
First Plaintiff: AB; Second Plaintiff: BB; Defendant: X Services
Jurisdiction
Australia
Judgment Date
02 June 2023
Procedural Posture
Judicial Review / Consent Orders; Final Determination
Outcome
Application granted by consent; cancellation decisions quashed; no order as to costs.
Legal Topics
Jurisdictional Error, Judicial Review, Certiorari, Authorised Carers, Cancellation of Authorisation
Administrative Law Jurisdictional Error Judicial Review Certiorari Authorised Carers Cancellation of Authorisation

Case Brief

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Parties

AB

First Plaintiff

BB

Second Plaintiff

X Services

Defendant

Procedural Posture

Judicial Review / Consent Orders; Final Determination

Legal Issues

  1. 1 Whether the defendant had power to cancel the plaintiffs' authorisations as authorised carers under the relevant regulations
  2. 2 Whether the cancellation decision was made in jurisdictional error

Ratio Decidendi

The defendant did not have the power under the Regulations to cancel the plaintiffs’ authorisation as authorised carers, as neither the necessary period of time had elapsed nor was their authorisation limited to care of a single child; the cancellation decision was made in excess of jurisdiction and was therefore quashed by consent.

Court Disposition

Application granted by consent; cancellation decisions quashed; no order as to costs.

Orders

  • The defendant's decisions of 8 February 2023 and 22 February 2023 to cancel the plaintiffs' authorisations as authorised carers are quashed.
  • No order as to costs.