RLNT and Secretary, Department of Social Services (Social services second review)

This matter concerned an appeal by the Respondent (the Secretary, Department of Social Services) against a decision of the Administrative Appeals Tribunal (AAT) concerning an interim care determination for a child, M. The Applicant sought to have M in his 100% care, a position contested by the Other Party, who sought to maintain existing care arrangements. The dispute centred on the circumstances surrounding M's transition to the Applicant's full-time care.

The primary legal issue before the Tribunal was whether the legislative requirements for making an interim care determination, as sought by the Other Party, were satisfied. This involved considering the application of section 23 of the relevant Act, which the Tribunal noted was the section under which the original decision was made, and alternatively, section 35C of the Act, which the Respondent contended was the appropriate provision for existing care arrangements. The Tribunal also had to determine if "special circumstances" existed that would preclude the application of section 23(2).

The Tribunal considered evidence from both parties and a witness from the caravan park. It found that M's transition to the Applicant's 100% care from 16 October 2017 was preceded by a verbal and physical altercation between the Other Party and M. While the Other Party did not fully concede the details of the altercation, she acknowledged a disagreement and that she had acted "inappropriately." The Tribunal was satisfied that these circumstances constituted "special circumstances" in relation to M, meaning section 23(2) did not apply. Consequently, the Tribunal concluded that the legislative requirements for an interim care determination were not met, a conclusion it would have reached even if section 35C(5) had been applied. The decision under review was affirmed.