The Department of Communities and Justice (DCJ) and the Rasooli Children [2021] NSWChC 4

Children's Court New South Wales

Medium Neutral Citation: The Department of Communities and Justice (DCJ) and the Rasooli Children [2021] NSWChC 4 Hearing dates: 27, 28, 29 and 30 April 2021 at Parramatta; and 9, 10 and 11 November 2021 at Surry Hills Decision date: 09 November 2021 Jurisdiction: Care and protection Before: Judge Johnstone Decision: Discretion exercised not to compel the father to give evidence in the proceedings. Catchwords: CHILD WELFARE - Care proceedings - Application of the Evidence Act in Care proceedings - compellability of spouses under General Law - compellability of spouses in care proceedings Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) (The "Care Act"), s 9, s 93, s 94, 108 Evidence Act 1995 (NSW), s 128 Cases Cited: Australian Crime Commission v Stoddart [2011] HCA 47 Category: Procedural rulings Parties: The Secretary The Mother The Father The Child Representation: Mr Anderson of counsel for the Secretary, instructed by Mr Geason, solicitor from the Crown Solicitor's Office Mr Braine of counsel, instructed by Ms Renshall, solicitor for the Child as his Independent Legal Representative Ms Goodsell of counsel for the Mother Mr Joyner, solicitor, for the Father File Number(s): 2020/00197010 Publication restriction: This decision has been anonymised. Pseudonyms have been used to protect the identity of the child and family in accordance with section 105 of the Care Act.

EX TEMPORE JUDGMENT - REVISED