JRM v Department of Communities (Child Safety Services)

[2009] QCAT 20

CITATION:  JRM v Department of Communities (Child Safety Services) [2009] QCAT 20

PARTIES: JRM
Department of Communites (Child Safety Services)

APPLICATION NUMBER:               CSR038-09                

MATTER TYPE: Children’s matters

HEARING DATE:   17 December 2009

DECISION OF: J Ford, J Cowdroy

DELIVERED ON:   17 December 2009

ORDERS MADE:  Application dismissed

CATCHWORDS :  Review of decision, child protection order, sections 86(2), 86(4) & 87(2) of the Child Protection Act 1999, section 47(2)(a) of the Queensland Civil and Administrative Tribunal Act 2009.

REASONS FOR DECISION

1. The applicant, JRM filed an application with the Registrar of the Children Services Tribunal on 19 February 2009 seeking a review of a decision regarding in whose care his children, JMT (born:1997), JML (born:1999), JMN (born:2003) and JMB (born:2004) are placed under a child protection order. 

2. JRM also sought a review of decisions to refuse, restrict or place conditions on contact with his children and to withhold information from him about where his children are placed.

3. This application was made pursuant to sections 86(2), 86(4) and 87(2) of the Child Protection Act 1999.

4. During a Preliminary Conference held on 16 April 2008, the Tribunal determined that it did not have jurisdiction to review the element of JRM’s application as it relates to contact.

5. At the same Preliminary Conference, JRM withdrew the element of his application that sought review of the decision to withhold information from him about where his children are placed.

1. The third element of JRM’s application is a review of in whose care the subject children are placed and at the Preliminary Conference held on 16 April 2009, JRM clearly identified to the Tribunal that the remedy he sought was placement of the subject children into the care of his parents, JL and JB.

2. At the time of the Preliminary Conference, JL and JB did not hold certificates of approval as kinship carers for the subject children.

3. The Preliminary Conference was adjourned to a date to be fixed to allow JL and JB time to lodge with the Department, applications for approval to be kinship carers for the subject children.

4. JL and JB subsequently made applications for approval to be kinship carers for the subject children.

5. On 12 June 2009, the delegated officer refused those applications for approval by JL and JB.

6. JL and JB filed an application for review of these decision and this become CSR149-09.

7. On 9 November 2009, JL and JB filed a Notice of Withdrawal in relation to CSR149-09 with the Registry.

8. The practical effect of this withdrawal is that JL and JB are not and will not be approved kinship carers for the subject children.

9. On 20 November 2009, the Registry wrote to JRM seeking advice as to whether he wished to proceed with his application. To date, no response has been received from the applicant.

10. The Tribunal’s is unable to provide the remedy JRM seeks.

11. Section 47 of the Queensland Civil and Administrative Tribunal Act 2009 provides are relevant:

    47Dismissing, striking our or deciding if unjustified proceeding or part

    (1)This section applies if the tribunal considers a proceeding or part of a proceeding is—

    ….

    (b)lacking in substance

    ….

    (2)the tribunal may—

    (a)if the party who brought the proceeding or part before the tribunal is the applicant for the proceeding, order the proceeding or part be dismissed or struck out.

THE TRIBUNAL ORDERS THAT:

1. The application is dismissed pursuant to section 47(2)(a) of the Queensland Civil and Administrative Tribunal Act 2009.