Pad v Department of Communities (Child Safety Services)

[2011] QCAT 192

CITATION: PAD and VAV v Department of Communities (Child Safety Services) [2011] QCAT 192

PARTIES:	PAD and VAV
v
Department of Communities (Child Safety Services)

APPLICATION NUMBER:   CML037-11

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 – no reviewable decision

Queensland Civil and Administrative Tribunal Act 2009, s 47

APPEARANCES and REPRESENTATION (if any):

APPLICANT:	Nil
RESPONDENT:	Nil

REASONS FOR DECISION

1. On 7 March 2011 the Tribunal received an application from PAD and VAV.  The application sought a review of a decision of the Department of Communities (Child Safety Services) in respect of their son PVJ.  Reviewable decisions are contained in a schedule to the Child Protection Act 1999. The application does not reveal any reviewable decision.  The application is not supported by a letter containing a reviewable decision or a statement of reasons from the Department.

1. The Tribunal has been advised by the Department that there are two child protection orders in place for the child from the Children’s Court.  These applications do not grant custody to the Chief Executive.  The child has been in the father’s custody since September 2010.

1. The Child Protection Order in relation to PVJ is in respect of the Chief Executive supervising PVJ’s general health, welfare, development, social and emotional wellbeing and educational needs for a period of twelve (12) months, and further that his mother not have contact either directly or indirectly with PVJ other than when a person approved by the Department is present.  PVJ’s father is a person so approved.

1. It appears that the applicants may be seeking to review the actual Child Protection Order.  This does not come within the jurisdiction of the Tribunal.

1. On 24 March 2011 the Registry wrote to the applicants advising that there does not appear to be a reviewable decision and invited the applicants to provide additional information before 8 April 2011.  The applicants were further advised that the application would be considered for dismissal after 8 April 2011, unless additional information was provided to establish jurisdiction.  No further information has been received by the applicant and the application will be dismissed.

1. The application for review lacks substance. It is dismissed in accordance with section 47 of the Queensland Civil and Administrative Tribunal Act 2009.