Civil and Administrative Tribunal
New South Wales
Medium Neutral Citation: CSY v Veritas House Inc. [2017] NSWCATAD 211 Hearing dates: 01 February 2017 and 04 April 2017 Date of orders: 29 June 2017 Decision date: 29 June 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: M Anderson, Senior Member
R Royer, General MemberDecision: (1) The decision to remove the children from the care of the applicant is affirmed.
(2) The decision to cancel the authorisation of the applicant is affirmed.Catchwords: ADMINISTRATIVE LAW-review of decisions under section 245 Children and Young Persons (Care and Protection) Act 1998(NSW) and section 28 (1)(a) Community Services (Complaints, Reviews and monitoring) Act 1993 (NSW) – where removal of children from the care of the applicant due to breach of safety plan and code of conduct – where issue is the correct and preferable decision having regard to the material before the Tribunal – where decision to remove the children from the care of the applicant affirmed. Legislation Cited: Administrative Decisions Review Act 1997 (NSW)
Children and Young Persons (Care and Protection) Act 1998 (NSW)
Children and Young Persons (Care and Protection) Regulation 2012 (NSW)
Civil and Administrative Tribunal Act 2013 (NSW)
Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW)
Evidence Act 1995 (NSW)Cases Cited: AQY & AQZ v Administrative Decisions Tribunal of New South Wales [2013] NSWSC 1028
Bell-Collins Children v Secretary, Department of Family and Community Services (No. 2) [2016] NSWSC 853
Blinko and Blinko [2015] FamCAFC 146
Deiter & Deiter [2011] FamCAFC 82
Department of Family and Community Services (NSW) and the Bell-Collins Children [2014] NSWChC 5
DFaCS (NSW) and the Colt Children [2013] NSWChC 5
Director-General, Department of Community Services v D & Ors [2007] NSWSC 762
J v Lieschke [1987] HCA 4; (1987) 162 CLR 447
Johnson v Page [2007] Fam CA 1235; (2007) FLC 93-344
Kostas v HIA Insurance Services Pty Limited [2010] HCA 32
M v M [1988] HCA 68; 166 CLR 69
MXS v Department of Family and Human Services (NSW) [2012] NSWDC 63
PR v Department of Community Services [2009] NSWADT 277
Re Cameron [2012] NSWSC 1453
Re Kerry (No 2) [2012] NSWCA 127
Roberts v Balancio (1987) 8 NSWLR 436
The Department of Community Services v "Rachel Grant", "Tracy Reid", "Sharon Reid and "Frank Reid" [2010] CLN 1
YG & GG v Minister for Community Services [2002] NSWCA 247Category: Principal judgment Parties: CSY (Applicant)
Veritas House Inc. (Respondent)Representation: Counsel:
Solicitors:
R Harper (Applicant)
M Neville (Respondent)
Cunninghams (Applicant)
Campbell Paton & Taylor (Respondent)
File Number(s): 2016/00378385 Publication restriction: Pursuant to section 65 of the Civil and Administrative Tribunal Act 2013 a person must not, except with the consent of the Tribunal, whether before or after the proceedings are disposed of, publish or broadcast the name of any person who appears as a witness before the Tribunal in any proceedings, or to whom any proceedings in the Tribunal relate, or who is mentioned or otherwise involved in any proceedings…
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- Case
- [2017] NSWCATAD 211
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the decisions made by Veritas House Inc were in accordance with the applicable legislation, and whether the decisions were the correct and preferable ones having regard to the material before the Tribunal. The applicants argued that the decision to remove the children from their care and to cancel their authorisation was unreasonable and not supported by the evidence.
The court found that the decisions made by Veritas House Inc were in accordance with the applicable legislation, and that the decisions were the correct and preferable ones having regard to the material before the Tribunal. The court found that the applicants had breached a safety plan and code of conduct, which justified the removal of the children from their care and the cancellation of their authorisation. The court also found that the applicants had failed to provide adequate evidence to rebut the findings of the Tribunal.
The court affirmed the decisions of Veritas House Inc to remove the children from the care of the applicants and to cancel their authorisation. The court found that the decisions were reasonable and in accordance with the applicable legislation. The applicants' application for judicial review was dismissed.
Orders
Orders of the court
(1) The decision to remove the children from the care of the applicant is affirmed.
(2) The decision to cancel the authorisation of the applicant is affirmed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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