HMN v Department of Communities (Child Safety Services)

[2011] QCAT 191

CITATION: HMN v Department of Communities (Child Safety Services) [2011] QCAT 191

PARTIES:	HMN
v
Department of Communities (Child Safety Services)

APPLICATION NUMBER:   CML033-11

MATTER TYPE: Childrens matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Clare Endicott, Senior Member

DELIVERED ON: 27 April 2011

DELIVERED AT: Brisbane

ORDERS MADE: 1.    Application dismissed.

CATCHWORDS: 

CHILD PROTECTION – applicant no longer wants to review decision

Queensland Civil and Administrative Tribunal Act 2009, s 47

APPEARANCES and REPRESENTATION (if any):

APPLICANT:	Nil
RESPONDENT:	Nil

REASONS FOR DECISION

1. On 3 March 2011 the Queensland Civil and Administrative Tribunal received an application from HMN in respect of a decision by the Department of Communities (Child Safety Services) for her son CA.  This decision was in respect of how CA would travel to Victoria to visit his mother over the Easter holiday period.

1. Reviewable decisions are contained in the Child Protection Act 1999 in a schedule to the Act.  It is arguable as to whether this decision was a reviewable decision.  Nevertheless the Department wrote to HMN on 14 March 2011, advising her of a decision made by the Department to facilitate CA travelling to Victoria.

1. Following this HMN had a telephone conversation with the Registry of the Tribunal in which she advised she did not wish to proceed with her application.  She was requested to put this in writing.  No such letter was received.

1. On the basis that HMN has confirmed with Tribunal she no longer wishes to proceed with the application and she has not submitted a formal withdrawal the Tribunal will dismiss the application in accordance with section 47 of the Queensland Civil and Administrative Tribunal Act 2009.