SDM v Department of Communities (Child Safety Services)

[2011] QCAT 251

CITATION: SDM v Department of Communities (Child Safety Services) [2011] QCAT 251

PARTIES:	SDM
v
Department of Communities (Child Safety Services)

APPLICATION NUMBER:   CML047-11

MATTER TYPE: Childrens matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: C Endicott, Senior Member

DELIVERED ON: 2 June 2011

DELIVERED AT: Brisbane

ORDERS MADE:     Application for review is dismissed.

CATCHWORDS: 

CHILD PROTECTION – decision to withhold placement information – decision reversed – application for review lacks substance – early end to proceedings

Queensland Civil and Administrative Tribunal Act 2009, s 47

APPEARANCES and REPRESENTATION (if any):

The hearing took place on the papers in the absence of the parties under section 32 of the Queensland Civil and Administrative Tribunal Act 2009.

REASONS FOR DECISION

1. An application was lodged in the tribunal by SDM on 16 March 2011 seeking to review a decision made by the Department of Communities (Child Safety Services) on 22 February 2011 to withhold information from SDM as to the placement of her child who is in the care of the Chief Executive of the Department under a long term guardianship order. 

2. On 7 April 2011 the Department reversed that decision and informed SDM where her child was living with foster carers.  On 12 April 2011 a letter was sent to SDM from the tribunal registry confirming that the decision under review had been reversed.  The letter also enquired whether she had received a letter from the Department about her contact with her child and enquired whether she disagreed with the contact arrangements.  

3. SDM was asked to respond to the tribunal’s enquiries within 3 weeks.  SDM was informed that if no response was received, the tribunal may consider dismissing her review application.  No response has been received.

4. The tribunal accepts the evidence provided by the Department and finds that the decision made on 22 February 2011 to withhold information about the placement of SDM’s child has been reversed.  The tribunal finds that SDM was provided with the details of where her child was living in a letter dated 7 April 2011.  There is now no operative decision to review. 

5. Section 47 of the Queensland Civil and Administrative Tribunal Act 2009 gives the tribunal power to bring a proceeding to an early end if the tribunal considers that an application is frivolous, vexatious or misconceived or is lacking in substance or is otherwise an abuse of process.  The tribunal considers that the review application should be brought to an early end as the decision sought to be reviewed is now longer in operation and has been reversed.  SDM has the information she sought.