Children's Law News 2010


CLN 2- November 2010

Children's Court decisions

In the Matter of "Troy" - Judge M. Marien SC

Leave to bring an application to rescind a care order –significant change in any relevant circumstances – meaning of "significant change in any relevant circumstances" –arguable case – meaning of "arguable case" – application of the least intrusive intervention principle.

Re: "Hamilton" - Judge M. Marien SC

Application to rescind a care order and restore one child to the father – application for restoration abandoned – application for a contact order sought instead – whether contact with the father is in the best interests of the children – father has a serious criminal record for sexual offences against children and for indecent exposure – children exposed to domestic violence between the parents – possible sexual abuse and sexual grooming of the children by the father – meaning of "unacceptable risk of harm" – meaning of "permanency planning" – no realistic possibility of restoration – whether permanency planning has been appropriately and adequately addressed – importance of maintaining contact between siblings who are not placed together – children with special needs – autism and post traumatic stress disorder.

In the Matter of "Victoria" and "Marcus" - Judge M. Marien SC

Leave to bring an application to rescind a care order – application of Aboriginal and Torres Strait Islander Placement Principles – importance of encouraging and preserving the children's Aboriginal cultural identity – children with special needs – autism.

Police v NS - Mulroney CM

Admissibility of fingerprint evidence – whether evidence obtained under the Crimes (Forensic Procedures) Act 2000 or Law Enforcement (Powers and Responsibilities) Act 2002 – no application was made to a magistrate for an order for a forensic procedure – whether fingerprints taken in order to "identify a person who is in lawful custody" or to match them to fingerprints found at the scene of the crime– young person's fingerprints were already on police database.

Supreme Court Decisions

Re Timothy [2010] NSWSC 524 - Rein J

ADMINISTRATIVE LAW - judicial review - grounds of review - jurisdictional error and procedural fairness - decisions of Children's Court Magistrates – who may make application for interim order regarding placement – Aboriginal Care Circle.


Procedural tips in running unusual care applications: undertakings, supervision, contempt and s90A orders

Rod Best, A/Executive Director, Accountability & Review Community Services, Department of Human Services.

CLN 1 - May 2010

Children's Court Decisions

DPP v JJM and ALW – Lerve CM

Matters to be taken into consideration when determining whether to exercise the discretion under section 31 of the Children (Criminal Proceedings) Act 1987 and commit the young persons to the District Court to be dealt with according to law.

Police v AR – Judge M. Marien SC

Children's Court – fitness to plead – dismissal of charges –matters to be taken into consideration when determining whether to discharge some of the offences under s32 of the Mental Health (Forensic Provisions) Act 1990.

Re: Alison Claire, Lauren Donovan and Victoria Claire – Denes CM

Determining whether there is a realistic possibility of restoration - Do the care plans for each of the children adequately identify and consider permanency planning - What contact orders need to be made, especially if the children remain separated from each other.

The Department of Community Services And “Rachel Grant”, “Tracy Reid”, “Sharon Reid” and “Frank Reid” – Judge M. Marien SC

Determining whether there is a realistic possibility of restoration.

Department of Human Services and “Kieran”, “Siobhan” and “Robert Isaac” – Judge M. Marien SC

Determining what constitutes "special circumstances" under s100 of the Children and Young Persons (Care and Protection) Act 1998 warranting the appointment of a guardian ad litem – role of an independent legal representative.