GSF v William Campbell Foundation - [2024] NSWCATAD 379

Civil and Administrative Tribunal

New South Wales

Amendment notes

Medium Neutral Citation: GSF v William Campbell Foundation [2024] NSWCATAD 379
Hearing dates: 20 November 2024
Date of orders: 13 December 2024
Decision date: 13 December 2024
Jurisdiction: Administrative and Equal Opportunity Division
Before: J Gatland, Senior Member
Decision:
1. The application for administrative review of the Respondent’s decision to remove the children the subject of these proceedings from the care of the Applicants is to be dealt with by the Tribunal notwithstanding that the Applicants have not applied for an internal review of the decision.
2. The application for an interim order that the children be returned immediately to the care of the Applicants is dismissed.
3. The Respondent is to ensure that the Applicants have continued supervised contact with the children on at least the following basis:
(a)The Applicants have Facetime or other, similar audio-visual contact with the Group A twice-weekly.
(b) The Applicants have Facetime or other, similar audio-visual contact with the Group B twice-weekly.
(c) The Respondent is to arrange for in-person supervised visits to occur each fortnight between the Applicants and the Group A children.
(d) The Respondent is to arrange for in-person supervised visits to occur each fortnight between the Applicants and the Group B children.
NOTE: Either, or all, parties are at liberty to file with the Tribunal an application for miscellaneous matters seeking to vary or revoke the interim orders at (3) concerning the nature, mode and extent of supervised contact.
4. The Respondent is to ensure that a social story for the children includes pictures and contact details of the Applicants and their extended family who have featured in the children’s lives.
5. The Group A children and Child 4 are to be separately represented.
6. Department of Communities and Justice is joined as a Respondent.
7. Pursuant to the Civil and Administrative Tribunal Act 2013 (NSW), s 64(1)(A), the publication or broadcast of the names of the children the subject to of these proceedings and the Applicants is prohibited.
8. Pursuant to the Civil and Administrative Tribunal Act 2013 (NSW), s 65, the publication or broadcast of the name of the applicant, any person who appears as a witness and any child referred to in these proceedings is prohibited.
NOTE: A reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.

Catchwords:
INTERLOCUTORY – Stay – Children and Young Persons (Care and Protection) Act 1998 – out of home care – application for restoration of care placement pending final determination – consideration of factors

Legislation Cited:
Administrative Decisions Review Act 1997 (NSW)
Children and Young Persons (Care and Protection) Act 1998 (NSW)
Children’s Guardian Act 2019 (NSW)
Civil and Administrative Tribunal Act 2013 (NSW)
Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW)

Cases Cited:
Australian Broadcasting Corp (ABC) v Lenah Game Meats Pty Ltd (2001) 208 CLR 199

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2024] NSWCATAD 379
Decision Date: 13 December 2024

CaseChat Overview and Summary

The parties in this matter were the GSF (applicants) and the William Campbell Foundation (respondent). The applicants sought the restoration of their children to their care while the matter was being determined. The court was required to consider the applicants' application for an interim order and their application for administrative review of the respondent's decision. The applicants also sought an order that their names and the names of the children be suppressed from publication. The legal issues before the court included whether the applicants' application for administrative review should be considered by the Tribunal and whether the children should be returned to the applicants' care pending the final determination of the matter.

The court found that the applicants' application for administrative review should be considered by the Tribunal, notwithstanding that the applicants had not applied for an internal review of the decision. The court found that the applicants' application for an interim order should be dismissed. The court found that the best interests of the children required that the applicants have continued supervised contact with them. The court found that the publication or broadcast of the names of the children and the applicants was prohibited, and that the publication or broadcast of the names of the applicant, any person who appears as a witness, and any child referred to in these proceedings was also prohibited.

The court ordered that the application for administrative review of the respondent's decision to remove the children from the applicants' care be dealt with by the Tribunal. The court ordered that the application for an interim order that the children be returned immediately to the care of the applicants be dismissed. The court ordered that the respondent ensure that the applicants have continued supervised contact with the children. The court ordered that a social story for the children include pictures and contact details of the applicants and their extended family. The court also ordered that the Group A children and Child 4 be separately represented, that the Department of Communities and Justice be joined as a respondent, and that the publication or broadcast of the names of the children and the applicants, any person who appears as a witness, and any child referred to in these proceedings be prohibited.

Orders

Orders of the court

1. The application for administrative review of the Respondent’s decision to remove the children the subject of these proceedings from the care of the Applicants is to be dealt with by the Tribunal notwithstanding that the Applicants have not applied for an internal review of the decision.

2. The application for an interim order that the children be returned immediately to the care of the Applicants is dismissed.

3. The Respondent is to ensure that the Applicants have continued supervised contact with the children on at least the following basis:

(a)The Applicants have Facetime or other, similar audio-visual contact with the Group A twice-weekly.

(b) The Applicants have Facetime or other, similar audio-visual contact with the Group B twice-weekly.

(c) The Respondent is to arrange for in-person supervised visits to occur each fortnight between the Applicants and the Group A children.

(d) The Respondent is to arrange for in-person supervised visits to occur each fortnight between the Applicants and the Group B children.

NOTE: Either, or all, parties are at liberty to file with the Tribunal an application for miscellaneous matters seeking to vary or revoke the interim orders at (3) concerning the nature, mode and extent of supervised contact.

4. The Respondent is to ensure that a social story for the children includes pictures and contact details of the Applicants and their extended family who have featured in the children’s lives.

5. The Group A children and Child 4 are to be separately represented.

6. Department of Communities and Justice is joined as a Respondent.

7. Pursuant to the Civil and Administrative Tribunal Act 2013 (NSW), s 64(1)(A), the publication or broadcast of the names of the children the subject to of these proceedings and the Applicants is prohibited.

8. Pursuant to the Civil and Administrative Tribunal Act 2013 (NSW), s 65, the publication or broadcast of the name of the applicant, any person who appears as a witness and any child referred to in these proceedings is prohibited.

NOTE: A reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	GSF v William Campbell Foundation [2024] NSWCATAD 379
Hearing dates:	20 November 2024
Date of orders:	13 December 2024
Decision date:	13 December 2024
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	J Gatland, Senior Member
Decision:	1. The application for administrative review of the Respondent’s decision to remove the children the subject of these proceedings from the care of the Applicants is to be dealt with by the Tribunal notwithstanding that the Applicants have not applied for an internal review of the decision. 2. The application for an interim order that the children be returned immediately to the care of the Applicants is dismissed. 3. The Respondent is to ensure that the Applicants have continued supervised contact with the children on at least the following basis: (a)The Applicants have Facetime or other, similar audio-visual contact with the Group A twice-weekly. (b) The Applicants have Facetime or other, similar audio-visual contact with the Group B twice-weekly. (c) The Respondent is to arrange for in-person supervised visits to occur each fortnight between the Applicants and the Group A children. (d) The Respondent is to arrange for in-person supervised visits to occur each fortnight between the Applicants and the Group B children. NOTE: Either, or all, parties are at liberty to file with the Tribunal an application for miscellaneous matters seeking to vary or revoke the interim orders at (3) concerning the nature, mode and extent of supervised contact. 4. The Respondent is to ensure that a social story for the children includes pictures and contact details of the Applicants and their extended family who have featured in the children’s lives. 5. The Group A children and Child 4 are to be separately represented. 6. Department of Communities and Justice is joined as a Respondent. 7. Pursuant to the Civil and Administrative Tribunal Act 2013 (NSW), s 64(1)(A), the publication or broadcast of the names of the children the subject to of these proceedings and the Applicants is prohibited. 8. Pursuant to the Civil and Administrative Tribunal Act 2013 (NSW), s 65, the publication or broadcast of the name of the applicant, any person who appears as a witness and any child referred to in these proceedings is prohibited. NOTE: A reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.
Catchwords:	INTERLOCUTORY – Stay – Children and Young Persons (Care and Protection) Act 1998 – out of home care – application for restoration of care placement pending final determination – consideration of factors
Legislation Cited:	Administrative Decisions Review Act 1997 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Children’s Guardian Act 2019 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW)
Cases Cited:	Australian Broadcasting Corp (ABC) v Lenah Game Meats Pty Ltd (2001) 208 CLR 199