NCC v Department of Communities, Child Safety and Disability Services

[2012] QCAT 338

CITATION: NCC v Department of Communities, Child Safety and Disability Services [2012] QCAT 338

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

APPLICATION NUMBER: CML047-10

MATTER TYPE: Childrens matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: C Endicott, Senior Member

DELIVERED ON: 25 July 2012

DELIVERED AT: Brisbane

ORDERS MADE: The application for review is dismissed.

CATCHWORDS:

CHILD PROTECTION – where review application adjourned to enable other proceedings to be completed – where new decisions made about contact and placement – where review application no longer has substance – early end to proceedings

Queensland Civil and Administrative Tribunal Act 2009, s 47

APPEARANCES and REPRESENTATION (if any):

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

REASONS FOR DECISION

1. NCC applied to QCAT for a review of decisions made by the respondent department as to placement of her children and as to her contact with those children.  A compulsory conference was held on 8 June 2010 and was adjourned to enable other proceedings in which NCC was involved to be completed. 

2. NCC has not made contact with QCAT since that time.  QCAT is not aware whether those other proceedings have been completed. 

3. The respondent department informed the tribunal registry that the decisions under review are no longer current.  A new contact decision was made on 16 March 2012 and a new placement decision was made on 11 August 2011.  Under the new contact decision, NCC is provided with a significant increase in contact with her children.

4. The tribunal registry wrote to NCC on 24 April 2012 asking NCC whether she still wanted to proceed with the review application.  No response was received to that letter.

5. As the decisions under review have been superseded by more recent decisions, there would be little utility in QCAT reviewing those older decisions in the circumstances of this case.  NCC has not sought to review the more recent decisions as to contact and placement.  It is open to QCAT to infer that NCC does not object to the arrangements set up by those more recent decisions. 

6. Under section 47 of the QCAT Act, the tribunal can bring an early end to a proceeding if that proceeding is lacking in substance. In view of the fact that the decisions under review are no longer the decisions which set out current arrangements for the children, it would not be a proper use of the resources of this tribunal to proceed to a hearing of an application that no longer has an apparent basis for success.

7. The application for review is dismissed.