New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 245

245 Decisions that are reviewable by Administrative Decisions Tribunal

(1) For the purposes of section 28 (1) (a) of the Community Services (Complaints, Reviews and Monitoring) Act 1993 , any of the following decisions made under or for the purposes of this Act or the regulations are reviewable by the Administrative Decisions Tribunal:

(a) a decision of the relevant decision-maker to authorise or not to authorise a person as an authorised carer, to impose conditions of an authorisation, or to cancel or suspend a person’s authorisation as an authorised carer,

(b) a decision of the relevant decision-maker to accredit or not to accredit a Division of the Government Service or organisation (or branch or other part of a Division or organisation) as a designated agency,

(c) a decision of the relevant decision-maker to grant to, or to remove from, an authorised carer the responsibility for the daily care and control of the child or young person,

(d) a decision of the Minister to grant an employer’s authority or to impose a condition on, to revoke or vary any condition of, to impose a further condition on or to suspend or revoke any such authority,

(e) a decision of the Minister to declare under section 221 (2) that a person is taken to be the employer of a child,

(f) a decision of the Minister to grant an exemption under section 224 (1), to limit the extent of any such exemption or to impose conditions on any such exemption,

(f1) a decision of the Director-General to transfer a child protection order to a participating State under Division 1 of Part 2 of Chapter 14A,

(g) a decision of the Minister or the Director-General belonging to such class of decisions as may be prescribed by the regulations,

(h) a decision of the Minister or the Director-General under section 246 with respect to the accommodation of a child or young person,

(i) a decision of a relevant decision-maker to refuse to make a decision referred to in this section that the decision-maker is empowered and has been requested to make,

(j) a decision of a designated agency to disclose high level identification information concerning the placement of a child or young person,

(k) a decision of a designated agency to refuse to disclose information concerning the placement of a child or young person.

(1A) Sections 29-31 of the Community Services (Complaints, Reviews and Monitoring) Act 1993 do not apply in respect of a review of a decision referred to in subsection (1) (j) or (k).

(1B) For the avoidance of doubt, subsection (1) (c) does not extend to any decision in relation to:

(a) the preparation of a permanency plan, or

(b) the enforcement of a permanency plan that has been embodied in, or approved by, an order or orders of the Children’s Court.

(2) In this section, "relevant decision-maker", in relation to a decision, means the person or body authorised by or under this Act or the regulations to make the decision, not being the Children’s Court.