Wi v Fairfield City Council

Administrative Decisions Tribunal

New South Wales

Medium Neutral Citation:

WI v Fairfield City Council [2011] NSWADT 279

Hearing dates:

1 June 2011, 1 July 2011

Decision date:

28 November 2011

Jurisdiction:

Community Services Division

Before:

L Goodchild, Judicial member
M Bolt, Non Judicial member
P Foreman, Non Judicial member

Decision:

1.The respondents decision to remove the applicants name from the family day care register is set aside.

2. In substitution of that decision, the applicant is to be reinstated on the register of the family day carers required to be maintained by the respondent under cl.100 of the Children's Services Regulation 2004.

Catchwords:

Childcare provider registration - removal from register.

Legislation Cited:

Administrative Decisions Tribunal Act (NSW) 1997
Children and Young Persons (Care and Protection) Act 1998
Children Services Regulation 2004

Cases Cited:

M v M (1988) 166 CLR 69
Suzanne Frugtniet v Administrative Decisions Tribunal (Appeal Panel) & Anor; Brian Frugtniet v Administrative Decisions Tribunal (Appeal Panel) & Anor [2005] NSWCA 257.
YG & GG v Minister for Community Services [2002] NSWCA 247.
McDonald v Guardianship Administration Board [1993] 1 VR 521 at 530.

Category:

Principal judgment

Parties:

WI (Applicant)
Fairfield City Council (Respondent)

File Number(s):

104025

Publication restriction:

S126 of the Administrative Decisions Tribunal Act 1997 applies.

REASONS FOR DECISION

Background

1. The applicant, WI, made an application to the Administrative Decisions Tribunal ("this tribunal) pursuant to section 55 Administrative Decisions Tribunal Act (NSW) 1997 ("the Tribunal Act "), for review of a reviewable decision. This tribunal's power on review of a reviewable decision is to decide what the correct and preferable decision is having regard to the material before it, any relevant factual material and any applicable written or unwritten law (section 63 Tribunal Act ) .

1. The decision subject of the review is contained in correspondence from the respondent to the applicant dated 22 July 2010, notifying the applicant that her name had been removed from the Fairfield City Family Day Care Register pursuant to clause 6.2 of the Fairfield City Family Day Care Providers Agreement ("the Providers Agreement") and Regulation 101(3) of the Children Services Regulation 2004 ("the 2004 Regulations"). The respondent states in that correspondence that it " made this decision based on the outcome of an investigation conducted by the Joint Investigative Response Team (JIRT)" . Some brief further information identified in the correspondence as " Details of the investigation " were provided by dot point in this correspondence.

1. The circumstances of the situation are that the Department of Community Services ('the DoCS") received a risk of harm report in relation to a child who attends the family day care service operated by the applicant (herein referred to as "F"). The report was in respect of the carer's son who was 12-years-old at the time (herein referred to as "B"). B, who resides with and is in the full time care of the carer, was the subject of the report to the DoCS Helpline. That report led to the investigation by the…