The Resource Handbook has been restructured to better present the commentary, articles, cases, legislation and other resources. Older articles have been retained for reference in the Archived material section at [17-1000]ff.
Foreword
A new Foreword has been written by her Honour Judge Ellen Skinner.
Jurisdiction
This new Chapter includes a brief history of the Children’s Court of NSW as well as an introduction to new Children’s Court magistrates at [1-1000].
Care and protection matters
Principles and jurisdiction includes a revised and updated Overview section at [2-1000].
Care tree revised and updated at [2-1040].
Important cases has been updated. The following cases have been added:
- Isles & Nelissen [2022] FedCFamC1A 97 — standard of proof for unacceptable risk of harm does not require civil standard of proof on the balance of probabilities, the court looks more to possibilities at [3-1400] Proof
- Department of Communities and Justice (DCJ) and Janet and Xing-fu [2022] NSWChC 7 — standard of proof for unacceptable risk of harm, Isles & Nelissen [2022] FedCFamC1A 97 followed at [3-1400] Proof
- Department of Communities and Justice (DCJ) and Bloom [2021] NSWChC 2 — test for realistic possibility of restoration at [3-1420] Realistic possibility of restoration
- Department of Communities and Justice (DCJ) and Evie and Grace [2023] NSWChC 1 — restoration granted as mitigation of harm despite parents not providing an adequate explanation for children’s injuries at [3-1480] Unexplained injury.
Legislation updated to include Children and Young Persons (Care and Protection) Regulation 2022 at [4-1000].
Practice notes, guidelines and protocols includes:
- Practice Note 17: Designated agencies in Children’s Court care proceedings at [6-1180]
- Protocols at [6-3000]ff.
Articles and other resources includes abstract and a link to P Granqvist et al, “Attachment goes to court” (2022) 24(1) Attachment and Human Development 1 at [7-1000].
Criminal matters
Socioeconomic circumstances of young offenders has been updated at [8-2000].
Important cases has been updated. The following new cases have been added:
- R v JH [2023] NSWSC 93 — a plea of guilty or a finding of guilt is not a necessary precondition to supervision on bail by Youth Justice at [9-1100] Bail
- R v JB [2023] NSWSC 94 — Youth Justice can supervise a child on bail in the community where the child has pleaded not guilty to the offence at [9-1100] Bail
- BDO v The Queen [2023] HCA 16 — presumption of incapacity under s 29(2) Criminal Code (Qld) not equivalent to moral wrongness required by common law (RP v The Queen (2016) 259 CLR 641) but is informed by it at [9-1140] Doli incapax
- TA v R [2023] NSWCCA 27 — no essential requirement to expressly use the phrase “moral culpability” if the relevant factors in Bugmy are substantively addressed at [9-1340] Sentencing
- R v Taumalolo [2022] NSWSC 1696 — sentencing for manslaughter and affray at [9-1340] Sentencing
- DL v The Queen (2018) 265 CLR 215 — procedural unfairness due to departure from primary judge’s findings without giving notice to parties at [9-1340] Sentencing.
Protocols and guidelines includes the Bail Protocol and Children’s Court of NSW Bail guidelines at [11-4000].
Articles and other resources includes new articles at [12-1000]:
- H Dhanji SC, J Roy and S McLaughlin, “Proving the criminal responsibility of children: RP v The Queen”, 2017 paper at [12-2000]
- “Youth justice in Australia 2021–2022”, published in 2023 by the Australian Institute of Health and Welfare at [12-3000]
- Abstract and a link to “Youth justice in Australia: themes from recent inquiries”, published in (2020) 605 Trends & issues in crime and criminal justice 1 by the Australian Institute of Criminology at [12-4000]
- Abstract and a link to “What are the characteristics of effective youth offender programs?”, published in (2020) 604 Trends & issues in crime and criminal justice 1 by the Australian Institute of Criminology at [12-5000]
- “Youth detention population 2022”, published in 2022 by the Australian Institute of Health and Welfare at [12-6000]
- P Johnstone “Youth crime in NSW: An environmental scan”, paper presented at Local Court of NSW Southern Regional Conference 4–6 March 2020 at [12-7000].
Youth Koori Court includes information about the expansion of sittings to Dubbo at [15-1000], [15-1060] and the amendment to Practice Note 11: Youth Koori Court.