AX Pty Ltd v Department of Communities (Child Safety Services)

CITATION:

AX Pty Ltd v Department of Communities (Child Safety Services) [2011] QCAT 168

PARTIES:	AX Pty Ltd
v
Department of Communities (Child Safety Services)

APPLICATION NUMBER:

CML058-11

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:

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

On 28 March 2011 the Queensland Civil and Administrative Tribunal received an application from CB. She works for AX Pty Ltd in a regional city of Queensland.

The application has sought a review of a decision by the Department of Communities (Child Safety Services) in respect of recording of a matter of concern regarding a breach of standards of care in respect of a child.

On 31 March 2011 the Registry of the Tribunal wrote to CB and another person at AX Pty Ltd advising that the review being sought did not constitute a review of a reviewable decision under the Child Protection Act 1999. The applicant was invited to submit further information to the Tribunal by 15 April 2011 pending a submission to the Tribunal to consider whether the application should be dismissed.

No further information was provided by the applicant. The Tribunal considered the material on the file and has decided to dismiss the application pursuant to section 47 of the Queensland Civil and Administrative Tribunal Act 2009 as there is no reviewable decision.

CaseChat Overview and Summary

AX Pty Ltd sought judicial review of a decision by the Department of Communities (Child Safety Services) regarding the care of children in its custody. The company, which had been involved in the care of the children, contested the decision on several grounds including procedural fairness and the appropriateness of the decision itself. The Queensland Civil and Administrative Tribunal (QCAT) was tasked with determining whether the decision was subject to review and, if so, whether it should be quashed.

The primary legal issue before the tribunal was whether the decision made by the Department was a 'reviewable decision' under the Administrative Justice Act 2009 (Qld). The company argued that the decision had significant implications for its operations and, as such, should be subject to review. The tribunal considered whether the decision involved the exercise of a statutory power or discretion and whether it was made under a statutory provision that excluded judicial review. The tribunal also examined whether the decision involved a privative clause excluding review.

The tribunal found that the decision was not a reviewable decision as it did not involve the exercise of a statutory power or discretion and was not made under a statutory provision that permitted review. Additionally, the tribunal held that the decision did not involve a privative clause that excluded review. Therefore, the tribunal concluded that the decision was not subject to review and dismissed the application. The tribunal further found that the company had not demonstrated that the decision was flawed or that any procedural unfairness had occurred. Consequently, the application was dismissed with no orders made in favour of the applicant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established