Children’s Court Resource Handbook Update 11 published

The Care and protection matters — practice and procedure has been updated at [2-0225] to include Presidential Children’s Court appeals.

The Care and protection matters — important cases has been updated from [4-0375]:

  • D v C; Re B (No 2) [2018] NSWCA 310 (see [4-0375]) analyses the obligation on the court not to conduct proceedings in an adversarial manner.
  • A v Secretary, Family and Community Services (No 2) [2019] NSWSC 43 (see [4-0380]) held the Supreme Court cannot resolve factual issues unresolved in the Children’s Court.
  • EC v Secretary, NSW Department of Family and Community Services [2019] NSWSC 226 (see [4-0385]) where a corporation was held to be a “person” under s 98(3) Care Act to enable Barnardos to be joined to proceedings.
  • LZ v Secretary, Department of Family and Community Services [2019] NSWDC 156 (see [4-0390]) where an appeal from Children’s Court to District Court to vary or rescind a care order was dismissed.
  • DFaCS and the Steward Children [2019] NSWChC 1 (see [4-0395]) clarified “within a reasonable period” in s 83 Care Act.
  • DFaCS and the Prince Children [2019] NSWChC 2 (see [4-0400]) held an Independent Legal Representative for one child has standing to bring an application for all siblings.
  • DFaCS and Leo [2019] NSWChC 3 (see [4-0405]) granted leave to the Independent Legal Representative to bring an application pursuant to s 90 for leave to vary or rescind care order as no long-term permanency plan.
  • DFaCS and Bridget [2019] NSWChC 4 (see [4-0410]) granted leave to vary or rescind a care order.
  • The Secretary of the Department of Communities and Justice (DCJ) and Fiona Farmer [2019] NSWChC 5 (see [4-0415]) held there was a realistic possibility of restoration of child to father within a reasonable period.
  • Jones v Booth [2019] NSWSC (see [4-0420]) refused declaratory relief  concerning qualifications of a psychologist to furnish a report in support of a s 32 Mental Health (Forensic Provisions) Act 1990 application. However, Johnson J made some observations about the operation of s 32 to provide guidance to the Local Court.

Three articles have been added to the Criminal matters — background material:

  • P Johnstone, “Forensic evidence in child protection proceedings” at [5-0200]
  • L Trimboli, “Youth on Track randomised controlled trial: process evaluation” at [5-0210]
  • J Ravulo, “The role of holistic approaches in reducing the rate of recidivism for young offenders” at [5-0220].

Criminal matters — practice and procedure has amended:

  • Presidential Children’s Court appeals at [6-0178]
  • Children (Detention Centres) Act 1987 Pt 4C and the Victims Register at [6-0180].

Criminal matters — remade regulations:

  • Children (Detention Centres) Regulation 2015 at [7-0210]
  • Children’s Court Regulation 2019 at [7-0305].

Criminal matters — important cases has been updated from [8-0350]:

  • R v RI [2019] NSWDC 129 (see [8-0350]) Pt 3 Div 4 Children (Criminal Proceedings) Act 1987 applies where offender two days from his 18th birthday when offences committed.
  • R v Mercury [2019] NSWSC 81 (see [8-0355]) held police interview inadmissible pursuant to s 13 Children (Criminal Proceedings) Act 1987.
  • DM v R [2018] NSWCCA 305 (see [8-0690]) court granted leave to appeal severity of sentence as sentencing judge erred in finding the applicant was a leader in relation to the offending conduct.
  • Clarke-Jeffries v R [2019] NSWCCA 56 (see [8-0695]) sentence for using a carriage service to solicit child pornography material successfully appealed due to serious mental health issues prevailing at the time of the offending.
  • CA v R [2019] NSWCCA 93 (see [8-0700]) applicant re-sentenced due to sentencing judge giving insufficient weight to applicant’s youth, immaturity, impulsivity and deprived background.