SC

Case

[2011] QCAT 698

11 April 2011


CITATION: SC [2011] QCAT 698
PARTIES: SC
v
Department of Communities (Child Safety Services)
APPLICATION NUMBER:   CML019-11  
MATTER TYPE: Childrens matters
HEARING DATE:     4 April 2011
HEARD AT:  Gold Coast
DECISION OF: Ms Clare Endicott, Senior Member
DELIVERED ON: 11 April 2011
DELIVERED AT:      Brisbane
ORDERS MADE: The application is dismissed.
CATCHWORDS: Where child relocated interstate – where no new contact decision made

APPEARANCES and REPRESENTATION (if any):

Decision was on the papers.

REASONS FOR DECISION

  1. On 15 February 2011 the Queensland Civil and Administrative Tribunal received an application from SC to review a decision of the Department of Communities (Child Safety Services).

  1. In her application SC stated that the decision to be reviewed was that she was sick and tired of how child safety was treating her about her son, X.  The application states that a decision was made in the week of 30 January 2011, such that the Department said to her that she can see X every 12 months in Queensland and not in Queanbeyan.

  1. SC would like contact every five weeks with X without having carers around.  SC did not provide a decision letter with her application.  There were proceedings before the former Children Services Tribunal which finalised in June 2009.  The Tribunal’s order at that time were provisions for future contact between SC and her son X.  Contact would occur every six weeks for one and a half hours with X’s foster carer present.  Otherwise contact was to be supervised by a Departmental Officer.

  1. In August 2010 the Department of Communities provided approval for X to move to New South Wales with his long term foster carers.  The Department of Communities via email on 24 February 2011 has advised the Tribunal that no new contact decision has been made.  The Department also advised the Tribunal that it is providing financial support for SC to visit X in Canberra.

  1. The Department has submitted in the email of 24 February, that no new decision has been made under section 87(2) of the Child Protection Act 1999 and as such SC has no rights of review.  SC was written to on 25 February 2011 advising her that there is no decision to be reviewed by QCAT and inviting her to provide further information prior to 11 March 2011 after which her application would be considered for dismissal.  Since that letter was sent to SC no new information has been provided by her.  The Tribunal will therefore dismiss her application on the grounds that there is no reviewable decision.

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Citations
SC [2011] QCAT 698

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