VHS v Department of Communities (Child Safety Services)

[2011] QCAT 254

CITATION: VHS v Department of Communities (Child Safety Services) [2011] QCAT 254

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

APPLICATION NUMBER:   CML126-10

MATTER TYPE: Childrens matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: C Endicott, Senior Member

DELIVERED ON: 3 June 2011

DELIVERED AT: Brisbane

ORDERS MADE:     Application for review is dismissed.

CATCHWORDS:

CHILD PROTECTION – children in care – mother sought to review decision about contact arrangements – oral request made by applicant to withdraw review – no written confirmation of request – to continue would be abuse of process – early end to proceedings

Queensland Civil and Administrative Tribunal Act 2009, s 47

APPEARANCES and REPRESENTATION (if any):

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

REASONS FOR DECISION

1. VHS lodged an application with the tribunal to review a decision made by the Department of Communities (Child Safety Services) to place restrictions on the contact that she was having with her children who are in the care of the Chief Executive of the Department.

2. The tribunal arranged for a compulsory conference to be conducted with the parties and notified VHS of the date for that conference by letter sent to her on 18 October 2010. 

3. On 26 October 2010 VHS telephoned the tribunal registry and stated that she wanted to withdraw the review application.  She stated that the decision made by the Department was suitable and she did not want to pursue her application.  The arrangements for the compulsory conference were cancelled.

4. On 27 October 2010 the tribunal registry sent a letter to VHS asking her to provide written confirmation of her request to withdraw the review application.  No response was received from VHS. 

5. On 16 November 2010 a staff member from the tribunal registry telephoned VHS and repeated the request for written confirmation of her request to withdraw her application.  VHS said she would try to send a letter to the tribunal in a couple of weeks.  The registry officer suggested that VHS could telephone the registry on a later occasion to discuss her request if she was unable to send in a letter.  

6. No further contact has been received by the tribunal from VHS.  Letters were sent to her on 30 March 2011 and on 12 May 2011 asking for an indication as to whether she wanted to proceed with her review application.  No response has been received from VHS to these letters.  Attempts by the tribunal registry staff to telephone VHS have failed.

7. 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. 

8. Subsequent to lodging her review application, VHS told the tribunal registry that she no longer wanted to proceed with the review.  Based on that information, the tribunal cancelled arrangements to proceed with a compulsory conference.  The tribunal has been unable to take steps to proceed further with the application or to finalise the application by granting leave to withdraw due to the failure of VHS to respond to the repeated enquiries of the tribunal registry.         

9. Parties to a proceeding before the tribunal are obliged to act quickly in any dealing relevant to the proceeding.[1]  VHS has failed to act quickly in relation to the letters sent to her about her review application.  The tribunal has an obligation to deal with matters in a way that is accessible, fair, just, economical, informal and quick.[2]  It is appropriate in view of those obligations to consider factors relevant to finalising this review given the length of time since the review was commenced and the lack of response from VHS to the tribunal enquiries.  

   [1] Section 45 of the Queensland Civil and Administrative Tribunal Act 2009.

   [2] Section 3(b) of the Queensland Civil and Administrative Tribunal Act 2009.

[10]  The tribunal is satisfied that VHS has expressed an intention not to proceed any further with the review application.  To continue with that review would be an abuse of process.  It is appropriate to bring an early end to the review application.    

[11] The review application must be dismissed in accordance with section 47 of the Queensland Civil and Administrative Tribunal Act 2009.