YG & GG v Minister for Community Services

The applicants, YG and GG, sought to appeal a decision by the Minister for Community Services to terminate their custody of two wards. The dispute concerned the Minister's assessment of risk of abuse and the best interests of the wards, as well as the applicants' right to natural justice as carers. The appeal was heard by the Court of Appeal of New South Wales.

The primary legal issues before the Court were whether the Minister's decision to terminate custody was affected by an error of law, and whether the Court, in reviewing the merits of the decision, should consider the circumstances as they existed at the time of the original decision or at the time of the appeal hearing. The Court was required to determine the appropriate standard of review for administrative decisions concerning child welfare and the weight to be given to the interests of the wards and the natural justice owed to the carers.

The Court of Appeal dismissed the appeal. The judges considered the relevant legislative framework governing child welfare and the Minister's powers. They applied principles of administrative law concerning the review of merits decisions, concluding that the Court's task was to determine the "correct and preferable" decision. This involved assessing the evidence and circumstances as they stood at the time of the appeal, rather than being confined to the material before the Minister at the time of the original decision. The Court found no error of law in the Minister's decision-making process and upheld the termination of custody, prioritising the safety and welfare of the wards.