The Secretary, Department of Communities and Justice v B [2020] NSWDC 736

District Court New South Wales

Medium Neutral Citation: The Secretary, Department of Communities and Justice v B [2020] NSWDC 736 Hearing dates: 26, 28-30 October 2020; 9-10 November 2020; 11 November 2020 (written submissions); 12 November 2020 (oral submissions) Date of orders: 25 November 2020 Decision date: 25 November 2020 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) The appeal is allowed. (2) Orders made by the Children's Court on 18 September 2020 are set aside. (3) Pursuant to ss 71-72 of the Children and Young Persons (Care and Protection) Act 1998 (NSW), the Child A is a child in need of care and protection. (4) Liberty to apply on three business days' notice to the Associate to Dicker DCJ. Catchwords: CHILD WELFARE – care and protection of children – care and protection orders – appeal from Children's Court to District Court by the plaintiff Secretary – whether the need for care and protection of the child has been established – general principles applicable - alleged sexual assault of other child – alleged perpetrator not clear – alleged drug and mental health issues – alleged lack of insight Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Evidence Act 1995 (NSW) United Nations Convention on the Rights of the Child 1989 (CROC) Cases Cited: A v Secretary, Department of Communities and Justice (No 4) [2019] NSWSC 1872 Bell-Collins Children v Secretary, Department of Family and Community Services (No 2) [2016] NSWSC 853 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Department of Communities and Justice and the McAlister Children [2020] NSWChC 4 Re Henry [2015] NSWCA 89 M v M (1988) 166 CLR 69 NU v New South Wales Secretary of Family and Community Services [2017] NSWCA 221 Re H (Minors) (1996) AC 563; [1995] UKHL 16 Re Linda [2011] NSWSC 1596 Re Sophie [2008] NSWCA 250 Re Tanya [2016] NSWSC 794 V V v District Court of New South Wales [2013] NSWCA 469 Category: Principal judgment Parties: The Secretary, Department of Communities and Justice (Plaintiff) B (Defendant) Representation: Counsel: G Moore (Plaintiff) T Seric (Defendant) L Wells (Independent Legal Representative)