TMP v Department of Communities (Child Safety Services)

[2011] QCAT 190

CITATION: TMP v Department of Communities (Child Safety Services) [2011] QCAT 190

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

APPLICATION NUMBER:   CML032-11

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 1 March 2011 the Tribunal received an application from TMP seeking a review of a decision the Department of Communities (Child Safety Services) in respect of children HKJ and WHN.  The applicant is a friend of HKJ and WHN’s mother.

1. The decision sought to be reviewed is a decision of the Department not to allow the children to be taken out by the applicant, as she is not an approved carer.  Reviewable decisions are contained in a schedule to the Child Protection Act 1999.  The schedule does not include the type of decision that the applicant is seeking to be reviewed.

1. On the 7 March 2011 the Registry of the Tribunal wrote to the applicant advising her that the decision was not a reviewable decision and she was invited to provide to the Tribunal within fourteen (14) days submissions as to why her application should not be dismissed under section 47 of the Queensland Civil and Administrative Tribunal Act 2009. No submissions have been received.

1. The application is dismissed on the basis that there is no reviewable decision.