Secretary of the Department of Communities and Justice v Julian Minster [2020] NSWChC 10

Children's Court New South Wales

Medium Neutral Citation: Secretary of the Department of Communities and Justice v Julian Minster [2020] NSWChC 10 Hearing dates: 25 November 2020 Decision date: 25 November 2020 Jurisdiction: Criminal Before: Judge Johnstone Decision: The Children's Court has an implied power in respect of the Children (Detention Centres) Act 1987 to rescind revocations of parole Catchwords: YOUTH PAROLE – Children's Court Parole jurisdiction – implied power rescission of a parole revocation Legislation Cited: Children (Detention Centres) Act 1987 Children's Court Act 1987 Crimes (Administration of Sentences) Act 1999 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Grassby v R (1989) 168 CLR 1 John Fairfax Publications Pty Ltd v Ryde Local Court (2005) NSWLR 512 Pelechowski v Registrar, Court of Appeal (NSW) 198 CLR 453 Category: Principal judgment Parties: The Secretary of the Department of Communities and Justice The child Representation: Counsel: Ms Manuell, Deputy Senior Public Defender for the child Ms Wright for the Secretary of the Department of Communities and Justice

Solicitors: Ms Hopgood of the Aboriginal Legal Service for the child Ms Najjar of the Crown Solicitor's Office for the Secretary of the Department of Communities and Justice File Number(s): 2020/00000132 Publication restriction: Pseudonyms have been used in order to anonymise the child