Civil and Administrative Tribunal
New South Wales
- Amendment notes
Medium Neutral Citation: GNQ v CareSouth [2024] NSWCATAD 262 Hearing dates: 14 August 2024 Date of orders: 03 September 2024 Decision date: 03 September 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J Gatland, Senior Member Decision: (1) The application for interim relief is dismissed.
(2) The proceedings are dismissed.
Catchwords: INTERLOCUTORY – stay – Children and Young Persons (Care and Protection) Act 1998 – out of home care – restoration of care placement pending final determination – consideration of factors – no application for internal review
Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss 9, 48, 55, 60
Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 8, 9, 234, 245
Children’s Guardian Act 2019 (NSW), s 72
Civil and Administrative Tribunal Act 2013 (NSW), ss 30, 55(1)(b)
Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW), s 28(1)(a)
Cases Cited: Alchin v Rail Corporation NSW [2012] NSWADT 142
Australian Broadcasting Corp (ABC) v Lenah Game Meats Pty Ltd (2001) 208 CLR 199
AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81
Davis v NSW Minister for Health [2023] NSWCATAP 11
FQT v Key Assets (No 1) [2022] NSWCATAD 416
GHR v William Campbell Foundation [2024] NSWCATAD 120
Kioa v West (1985) 159 CLR 550; [1985] HCA 81
QLD Protection Security Pty Ltd v Commissioner of Police, NSW Police Force [2018] NSWCATAP 113
SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152; [2006] HCA 63
Category: Procedural rulings Parties: GNQ (Applicant)
CareSouth (First Respondent)
Secretary, Department of Community Services (Second Respondent)Representation: Applicant (Self-represented)
D McLay (First Respondent)
Crown Solicitor (Second Respondent)
File Number(s): 2024/00290873 Publication restriction: Nil
REASONS FOR DECISION
Introduction
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Child 1 and Child 2 are brothers. They were removed from the care of the Applicant on 5 August 2024. The removal of Child 1 was at the request of the Applicant, but the removal of Child 2, at the same time, was not at her request and was undertaken with only an hour’s notice.
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These proceedings concern the decision made by the First Respondent to remove Child 2 from the foster care placement with the Applicant.
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The Applicant seeks, as an interim order, that Child 2 be returned to her care. The following are the grounds on which she makes that application as set out in her application and summarised here:
Child 2 was settled and happy in both his home and school environments while in the Applicant’s care, and he has established positive bonds or attachments with all members of the Applicant’s family;
There was a lack of communication surrounding the decision to remove Child 2 and a lack of notice given; and
There was a lack of clarification around the decision about why Child 2 was removed.
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For the following reasons, I have declined to make an interim order to return Child 2 to…
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- Case
- [2024] NSWCATAD 262
- Decision Date
CaseChat Overview and Summary
The court noted that while the applicants had demonstrated a genuine intention to restore the child to their care, the statutory framework required a careful consideration of the child’s best interests. The court was required to balance the applicants' rights with the paramountcy of the child’s welfare. Additionally, the applicants had not applied for internal review of the decision to place the child in out-of-home care, which is a mandatory prerequisite for seeking judicial review. The court held that the applicants had not established a sufficiently compelling case for interim relief on the evidence before it. The court concluded that the applicants had not demonstrated that an interim order was necessary in the circumstances of the case.
The application for interim relief was dismissed, and the proceedings were dismissed in their entirety. The court did not grant the relief sought by the applicants, and no further orders were made.
Orders
Orders of the court
(1) The application for interim relief is dismissed.
(2) The proceedings are dismissed.
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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