Department of Communities and Justice (DCJ) and Ryan Masters [2020] NSWChC 7

Children's Court New South Wales

Medium Neutral Citation: Department of Communities and Justice (DCJ) and Ryan Masters [2020] NSWChC 7 Hearing dates: 22 & 23 June 2020 Date of orders: 23 June 2020 Decision date: 17 July 2020 Jurisdiction: Care and protection Before: Children's Magistrate Virgo Decision: Application for leave under s 90 of the Care Act is granted Catchwords: CHILDREN – Care and protection - rescission of Care Orders – standing - shared parental responsibility with Minister for cultural up-bringing - sufficient interest in the welfare of a child – subsequent s 90 applications – meaning of series of applications for leave – self-placement – significant change in relevant circumstances – arguable case – working with children check – applicable factors for s 90 leave following amendment of Care Act Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Cases Cited: AQY & AQZ v Administrative Decisions Tribunal of New South Wales [2013] NSWSC 1028 C v The Secretary, Family and Community Services [2016] NSWDC 103 Darren, James & Tenille's Case [2006] CLN 7 Department of Communities and Justice (DCJ) and the Stone and Bates Children [2020] NSWChC 6 In the matter of Campbell [2011] NSWSC 761 S v Department of Community Services [2002] NSWCA 151 Category: Principal judgment Parties: The Aunt The Secretary The young person Representation: Ms Fuller, solicitor for the Aunt Ms Raines, solicitor for the Secretary Ms Green, solicitor as Direct Legal Representative (DLR) for the young person File Number(s): 2019/00027288 Publication restriction: Pseudonyms have been used in order to anonymise the children and parties