Children’s Court Resource Handbook Update 15 published

Update 15 of the Children’s Court Resource Handbook includes:

Care and protection matters — background material includes amendments to [1-0000] and [1-0015] arising from the new Aboriginal and Torres Strait Islander Children and Young Persons Principle in s 12A Care Act.

Care and protection matters — practice notes includes:

  • Practice Note 13: Section 38 care plans at [2-0380]
  • Practice Note 14: Standardised care orders at [2-0385]
  • Practice Note 15: Requests for the provision of services to facilitate restoration in care proceedings at [2-0390].

[2-3000] Assessments a new chapter has been included and contains articles about assessments in the care and protection jurisdiction selected by the Children’s Court Clinic:

  • Assessments by the Children’s Court Clinic at [2-3000]
  • “Parenting capacity” by T Donald and J Jureidini at [2-3010]
  • “Assessing parenting capacity in a child welfare context” by K Budd at [2-3020]
  • “Still unseen and ignored: tracking community knowledge and attitudes about child abuse and child protection in Australia” by J Tucci and J Mitchell at [2-3030]
  • “Parenting in a new environment: implications for raising sub-Saharan African children within the Australian child protection context” by H Tafadzwa Mugadza, V Williams Tetteh, A Renzaho and B Stout at [2-3040]

[4-0000] Care and protection matters — important cases has been updated. The following cases have been added:

  • DCJ and Jacinta [2021] NSWChC 5 — refusal to consent to final orders; safety, welfare and well-being of the child are paramount at [4-0550] Care and protection
  • CM v Secretary, DCJ [2022] NSWCA 120 — not necessary for applicant to be legally represented before court appoints guardian ad litem at [4-1325] Guardian ad litem
  • Department of Communities and Justice (DCJ) and Lara [2017] NSWChC 6 — application for joinder under s 98(3) Care Act refused due to historical allegation of sexual assault of a child at [4-1520] Joinder
  • In re a Child [2022] NSWSC 671 — application for joinder refused due to lack of “genuine concern” under s 98(3) Care Act at [4-1525] Joinder
  • Harris (pseudonym) v Secretary, DCJ [2021] NSWCA 261 — Leave to appeal decision by Supreme Court to refuse to issue declaration denied as advisory opinion only, care proceedings heard in Children’s Court at [4-1650] Jurisdiction
  • Re Leonardo [2022] NSWSC 1265 — court in its parens patriae jurisdiction will intervene to make orders in the best interests of children in exceptional circumstances at [4-1925] Parens patriae
  • DCJ and Murphy [2020] NSWChC 12 — permanency plan must sufficiently identify or address cultural needs of child at [4-2115] Permanency planning
  • Secretary, DCJ v KH [2022] NSWCA 221 — summons for judicial review dismissed because reasons of primary judge were not an “ultimate determination” and therefore do not form part of the record at [4-2352] Realistic possibility of restoration
  • DCJ and Jamzie [2022] NSWChC 1 — test for restoration, Re Bloom followed at [4-2355] Realistic possibility of restoration
  • Finn, Lincoln, Marina and Blake Hughes [2022] NSWChC 4 — application for supplementary Clinic Report to assess realistic options for children’s future and whether restoration to mother is possible at [4-2360] Realistic possibility of restoration
  • GR v Secretary, DCJ [2022] NSWCA 153 — insufficient prospects to justify grant of leave to appeal at [4-2365] Realistic possibility of restoration

Criminal matters — background material a new article has been added, “Doli incapax — the criminal responsibility of children”, at [5-0230]

Criminal matters — practice notes contains Practice Note 16: Mandatory Disease Testing at [6-0430].

[8-0000] Criminal matters — important cases has been updated. The following new cases have been added:

  • R v ET [2022] NSWSC 905 — Bail granted under Bail Act 2013 ss 22 as special or exceptional circumstances shown at [8-0620] Bail
  • JD v Commissioner of Police, NSW Police Force [2022] NSWSC 911 — order that plaintiff breached a condition of bail set aside under Bail Act 2013 s 8(2) as finding of failure to comply with a bail condition made after sentencing at [8-0625] Bail
  • R v LM [2022] NSWSC 987 — bail refused as applicant failed to satisfy test of unacceptable risk under Bail Act 2013 s 19 at [8-0630] Bail
  • DPP (NSW) v PH [2022] NSWSC 1245 detention application refused as full-time incarceration not practically inevitable and ancillary finding of special circumstances at [8-0635] Bail
  • CW v R [2022] NSWCCA 50 — Dismissal of appeal as Bugmy principles correctly applied at [8-1785] Sentencing
  • Spinks v DPP [2021] NSWCCA 308 — Appeal against severity of sentence allowed due to no prior criminal convictions and to provide an opportunity for ongoing rehabilitation at [8-1955] Sentencing
  • DS v R [2022] NSWCCA 156 — sentences imposed manifestly excessive, appeal allowed at [8-1960] Sentencing
  • R v AR [2022] NSWCCA 5 — a Community Correction Order cannot be made unless a conviction is formally recorded, no discretion not to record a conviction for an indictable offence under s 14(2) Children (Criminal Proceedings) Act at [8-2305] Sentencing
  • R v Nerri [2022] NSWChC 2 — YKC Action and Support Plan complied with and prior offences dismissed under s 33(1)(a) Children (Criminal Proceedings) Act at [8-2615] Youth Koori Court
  • R v Linda [2022] NSWCHC 3 — YKC Action and Support Plan complied with and prior offences dismissed under s 33(1)(a) Children (Criminal Proceedings) Act at [8-2620] Youth Koori Court

[11-0000] Youth Koori Court includes links to new articles:

  • M Whitbourne, “Youth Koori Court expanded under $20m Indigenous justice package”, Sydney Morning Herald, 18 July 2022 at [11-0050]
  • Sophie Beckett, “The significance of culture to wellbeing, healing and rehabilitation” 33(9) JOB 91 at [11-0050]

[12-0000] Costs a new chapter with links to the relevant paragraphs of the Local Court Bench Book.

A Table of statutes has been inserted.