Department of Communities and Justice (DCJ) and Jamzie [2022] NSWChC 1

Children's Court New South Wales

Medium Neutral Citation: Department of Communities and Justice (DCJ) and Jamzie [2022] NSWChC 1 Decision date: 29 July 2022 Jurisdiction: Care and protection Before: Children's Magistrate Hayes Decision: Section 61 application. Restoration to Mother. Catchwords: CHILDREN - Care and Protection – correct test for restoration – short term orders Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 Criminal Records Act 1991 Cases Cited: Department of Family and Community Services and Nathan [2018] NSWChC 1 Sudath v Health Care Complaints Commission [2012] NSWCA 171 Department of Communities and Justice (DCJ) and Bloom [2021] NSWChC 2. Re Tanya [2016] NSWSC 794 M v M [1988] HCA 68 Re Saunders and Morgan [2008] CLN In the matter of Campbell [2011] NSWSC 761 Category: Principal judgment Parties: The Secretary The Mother The Father The Child Representation: Solicitors: Ms Eveston (Secretary) Mr Russo (Mother) Ms Moran (Father) Ms Herridge (Independent Legal Representative for the Child) File Number(s): 2021/185311 Publication restriction: Pseudonyms have been used to protect the identity of the child and family.

Judgment 1. Jamzie is Aboriginal. He is 1 year and 1 month old. 2. Jamzie's mother is Carol Antony (Ms Antony). His father is Jon Alex. 3. The maternal grandmother is Sue Antony (grandmother). 4. Jim Mulock is the most recent partner of the mother. 5. Jamzie was assumed into care at birth and placed under the care of the Minister. 6. The Secretary commenced these proceedings by filing an application pursuant to s 61 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) (the Care Act). 7. The Children's Court (Court) made an interim order allocating parental responsibility (PR) to the Minister: s 69. 8. The Summary of Proposed Plan (SOPP) was filed in July 2021. The Department of Communities and Justice (DCJ) considered restoration was a realistic possibility. 9. In August 2021 the Court made a finding that Jamzie was in need of care and protection: s 71. 10. In October 2021 the Care Plan was filed. The assessment was of no realistic possibility of restoration to either parent. 11. The mother seeks restoration of Jamzie to her care. 12. The Court found no realistic possibility of restoration of Jamzie to his father. 13. The father accepts that position and does not seek restoration but supports restoration of Jamzie to the mother. 14. The Secretary and ILR oppose restoration. 15. The hearing took three days. 16. Following evidence and submissions the Court delivered an ex-tempore decision not accepting the Secretary's assessment and directing the Secretary to prepare a different permanency plan: s 83(6). 17. The Court proposed a short-term order allocating PR to the Minister for 18 months, an order accepting undertakings, a s 90A to prohibit Mr Mulock having contact with Jamzie and a supervision order for 12 months. 18. Final orders were made on 29 July 2022. Time did not permit for an oral judgment, so the Court provides this written decision to the parties.