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NSW Bringing Action against NSW Family and Community Services

Discussion in 'Family Law Forum' started by Mark123, 20 May 2014.

  1. Mark123

    Mark123 Member

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    I looked after two boys until they reached ages of maturity and are no longer with my care. The NSW Family and Community Services (or as it was then known, the Department of Community Services) refused to have one of the boys checked for Aspergers Syndrome. I should have received a larger benefit for his care than I actually did.

    I would like to bring proceedings against the NSW Family and Community Services.

    How do I do this? Which Court do I begin in?

    Thank you!
     
  2. rebeccag

    rebeccag Well-Known Member

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    G'day Mark123,
    Have you received legal advice and planned out your case in relation to your problem with the Department of Family and Community Services?

    What kind of paperwork have you compiled to support your case? (for example, doctor's report, printouts/receipts of payments received)

    What amount of money are you seeking to obtain? How have you calculated it?

    Just want to make sure you have everything in order before you pursue things in the Courts.
     
  3. Mark123

    Mark123 Member

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    Thank you. I have several psychiatrist and psychologist reports as well as school reports.

    I also have calculated it to be around $90,000. I have calculated the difference between what I have been paid and what I should have been paid. I have all the paper work from my file which I sought through the FOI.

    I'm ready to proceed to Court
     
  4. rebeccag

    rebeccag Well-Known Member

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    G'day Mark,
    Have you already made a formal complaint with the Department of Family and Community Services? That would be the first step.
    If you are not happy with their response, then the next step is to make a complaint to the Ombudsman NSW. You can see on the Ombudsman NSW Complaints FAQ page that they 'usually expect you to try and resolve your issues with the agency before contacting us'.

    The Ombudsman NSW site has an 'Unhappy with our decision' page with what to do if you're unhappy with their decision.
    You could also then apply to NCAT (the Civil and Administrative Tribunal NSW) which reviews administrative decisions made by NSW Government agencies.

    Hope that helps.
     

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