LMC v Department of Communities, Child Safety and Disability Services

[2013] QCAT 457

CITATION: LMC v Department of Communities, Child Safety and Disability Services [2013] QCAT 457

PARTIES:	LMC (Applicant)
v
Department of Communities, Child Safety and Disability Services   (Respondent)

APPLICATION NUMBER: CML123-13

MATTER TYPE: Childrens matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: C Endicott, senior member

DELIVERED ON: 26 July 2013

DELIVERED AT: Brisbane

ORDERS MADE: 1.   The application for review by LMC is dismissed.

CATCHWORDS:

CHILD PROTECTION – where no reviewable decision – where lack of substance to application – where appropriate to bring an early end to proceedings

Queensland Civil and Administrative Tribunal Act 2009 s 47
Child Protection Act 1999 s 247, Schedule 2

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

1. LMC made a complaint in November 2010 to the Department of Communities, Child Safety and Disability Services about the handling of her son’s case by the Department.  She was not happy with the response of the Department and has subsequently taken her complaint to other agencies including the Queensland Ombudsman and the Commissioner for Children and Young People and Child Guardian as well as the relevant Minister. 

2. She filed an application in QCAT seeking outcomes described as an external review of the Departmental file relating to her son, a re-opening of her son’s case, the correction of administrative errors and for an order that her son reside with her.

3. On 27 June 2013 a letter was sent to LMC by the tribunal registry informing her that QCAT could not proceed with her application unless she could identify a reviewable decision.  LMC was informed that her application would be considered for dismissal after 11 July 2013 and she was asked to ensure that any submissions she wanted to make were received by QCAT prior to 11 July 2013. 

4. No submissions were received from LMC by 11 July 2013.  On 12 July 2013 the tribunal registry made a request of the Department to confirm whether or not LMC’s son was subject to a current child protection order and whether there were any current reviewable decisions made regarding the child.  The tribunal received a response from a Departmental officer stating that the child was not in the care of the Department.

5. A person can file a review application about child protection issues with QCAT. A review application is defined as an application made, as provided under the QCAT Act, for review of a reviewable decision by the tribunal.[1]

   [1]        Child Protection Act 1999 s 99B.

6. Under section 247 of the Child Protection Act 1999 QCAT has jurisdiction to review decisions which are described as reviewable decisions. Schedule 2 of that Act sets out the category of decisions that are reviewable decisions. QCAT has no jurisdiction to review decisions that are not included in Schedule 2 of the Act or to conduct some general oversight role of the Department’s functions.

7. LMC did not disclose any reviewable decision in her application and supporting documentation. She was given an opportunity to provide further information about the existence of a reviewable decision until 11 July 2013 but she did not do so.  Based on the information provided by LMC and the Department, the tribunal concluded that there had been no relevant decision made by the Department that was able to be reviewed by QCAT. 

8. Section 47 of the QCAT Act gives the tribunal power to bring a proceeding to an early end if the tribunal considers that an application is misconceived or is lacking in substance. The tribunal has an obligation to deal with matters in a way that is accessible, fair, just, economical, informal and quick. For the reasons set out in paragraphs 6 and 7, this review application is lacking in substance as there is no reviewable decision made by the Department about LMC’s son. It is appropriate to bring an early end to the review application under section 47 given the lack of jurisdictional basis for the application.

9. The review application must be dismissed in accordance with section 47 of the QCAT Act.