DZ v Department of Communities, Child Safety and Disability Services

The parties involved in this case were DZ, the mother of two children, YZ and RZ, and the Department of Communities, Child Safety and Disability Services. The dispute arose when the Department made a decision to place the children with foster carers, PB and EB, which required relocating the children to a new town and changing schools. The case was heard by the Tribunal, which had to determine whether the Department had adequately considered the principles for the placement of Aboriginal children, whether there was sufficient evidence available for the decision, and whether the decision was premature. The Tribunal found that the Department had not adequately considered the placement options and the cultural heritage of the children, and had made the decision prematurely without sufficient evidence. The Tribunal set aside the Department's decision and returned the matter for reconsideration, with specific directions to explore more options for foster or kinship care, obtain more comprehensive information about the children's cultural heritage, take into account the position of the separate representative appointed for the children, and explore options to increase contact between DZ and her children. The Tribunal's decision highlights the importance of considering cultural heritage and providing adequate support for Aboriginal children in care placements.