GD & GS v Department of Communities (Child Safety Services)

[2010] QCAT 345

CITATION: GD & GS v Department of Communities (Child Safety Services) [2010] QCAT 345

PARTIES:	GD and GS
v
Department of Communities (Child Safety Services)

APPLICATION NUMBER:   CML046-10

MATTER TYPE: Childrens matters

HEARING DATE:     16 July 2010

HEARD AT:  Brisbane

DECISION OF: C Endicott, senior member

DELIVERED ON: 16 July 2010

DELIVERED AT:      Brisbane

ORDERS MADE: Application for review is dismissed

CATCHWORDS :  CHILD PROTECTION – REVIEW – early end to proceeding where one applicant no longer wishes to proceed – where subsequent more favourable decision made by respondent – application no longer has substance

APPEARANCES and REPRESENTATION (if any):

The hearing took place on the papers in the absence of the parties. 

REASONS FOR DECISION

1. GD and GS applied to the Tribunal in February 2010 for a review of a decision made by the respondent on 29 January 2010 which placed restrictions on contact with their three children. 

2. In March 2010 the respondent conducted a review of the contact arrangements and made changes that permitted more contact with the children. The applicants were informed of the changed contact arrangements in writing and we also informed that they could seek a review by the Tribunal of the new decision about contact. 

3. On 20 April 2010 GD informed an officer in the registry of the Tribunal that she did not intend to proceed further with the review application as her concerns had been addressed by the respondent.  A letter was sent to GD on 20 April 2010 by the Tribunal registry seeking written confirmation from her that she wanted to withdraw the application for review.

4. No response to that letter has been received from GD.  On 16 June 2010 a letter was sent to GD by the Tribunal registry informing her that the application for review would be considered for dismissal after 30 June 2010 and reminding her to lodge a written request to withdraw the application in line with her earlier conversation with the registry.  No response has been received from GD to that letter. 

5. Section 47 of the Queensland Civil and Administrative Tribunal Act 2009 gives the Tribunal power to bring a proceeding to an early end if the Tribunal considers that an application is frivolous, vexatious or misconceived or is lacking in substance or is otherwise an abuse of process. 

6. One of the applicants has indicated an intention not to proceed further with the application for review but she has not lodged a written request for leave to withdraw that application.  She has been informed that the Tribunal would consider bringing an early end to the application after 30 June 2010 and she has not indicated that she has changed her mind about not proceeding further with the matter.  The other applicant, GS, has not had any contact with the Tribunal. 

7. The decision sought to be reviewed by the applicants is no longer the current decision that regulates their contact with their children.   It would be futile for the Tribunal to conduct a review of the decision about contact made on 29 January 2010 when the current contact arrangements are being provided in accordance with a later decision that is not under review and when the current contact arrangements are already more favourable to the applicants than the superseded arrangements. 

8. The Tribunal considers in the circumstances that the application seeking review of the decision of the respondent made on 29 January 2010 no longer has any substance and should be dismissed under section 47 of the Queensland Civil and Administrative Tribunal Act 2009.