VC v Secretary, Department of Communities and Justice & Ors (No.2) [2024] NSWDC 192

District Court New South Wales

Medium Neutral Citation: VC v Secretary, Department of Communities and Justice & Ors (No.2) [2024] NSWDC 192 Hearing dates: 7-10, 16 May 2024 Date of orders: 30 May 2024 Decision date: 30 May 2024 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraphs [395]-[396] Catchwords: CHILD WELFARE – care and protection – whether realistic possibility of restoration of care of Child to mother or father – whether all aspects of parental responsibility should be allocated to mother or father – appropriateness of permanency planning -assessment of care plan STATUTORY INTEPRETATION – relevance of human rights of parent or child under international conventions to interpretation and application of Children and Young Persons (Care and Protection) Act 1998 (NSW) COURTS AND JUDGES – complaints by one parent of racial discrimination and structural racism of persons within child protection 'system' alleged to affect decisions adverse to one parent – subsisting complaints to the Australian Human Rights Commission – jurisdiction of this Court to determine such complaints CIVIL PROCEDURE – reasons for orders in interlocutory applications – application during hearing for 'removal' of the legal practitioner acting as the 'Independent Legal Representative' – application for adjournment of closing oral submissions to enable service of additional written submissions – application for 'Mistrial' Legislation Cited: Anti-Discrimination Act 1977 (NSW) Australian Human Rights Commission Act 1986 (Cth) Children and Young Persons (Care and Protection) Act 1998 (NSW), s 8, 9(1), 9(2), 10A, 71(1), 72(1), 72(2), 73(1), 73(7), 78(1), 78(2), 78(2A), 78A(1), 78A(3), 79(1),79(3), 80, 82, 83(1), 83(5), 83(7), 83(7A), 83(8A), 91(1)-(8), 93(3), 93(4) Children and Young Persons (Care and Protection) Amendment (Family is Culture) Act 2022 Civil Procedure Act 2005 (NSW), ss 56-60 Convention on the Rights of the Child [1991] ATS 4 Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 4, 6A, 9, 11 Evidence Act 1995 (NSW), s 79, 128, 140(2) International Convention on the Elimination of All Forms of Racial Discrimination [1975] ATS 40 Interpretation Act 1987 (NSW), s 34 Racial Discrimination Act 1975 (Cth), ss 9-11 Sex Discrimination Act 1984 (Cth) Cases Cited: AJ v R [2022] NSWCCA 136 Aziz (a pseudonym) v R [2022] NSWCCA 76; Barngarla Determination Aboriginal Corporation RNTBC v District Council of Kimbala (No.2) (2020) 275 FCR 669 Cameron v Human Rights and Equal Opportunity Commission & Anor (1993) 46 FCR 509 Director General Department of Communities & Justice v Dessertaine [2003] NSWSC 972 JL v Secretary Department of Family and Community Services [2015] NSWCA 88 Johnson v Page [2007] Fam CA 1235 LPDT v Minister for Immigration, Citizenship, Migration Services and Multicultural Affairs [2024] HCA 12 M v M (1988) 166 CLR 69 Munda v Western Australia (2013) 249 CLR 600 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 67 ALJR 170 Re Alistair [2006] NSWSC 411 Re Campbell [2011] NSWSC Re Henry; JL v Secretary, Department of Family and Communities Services [2015] NSWCA 89 Re Tanya [2016] NSWSC 794 Re Tracey (2011) 80 NSWLR 261 Secretary, Department of Communities and Justice and Fiona Farmer [2019] NSWChC 5 SS v Department of Human Services (NSW) [2010] NSWDC 2010 VC v Secretary of Department of Communities & Justice [2024] NSWDC 166 Waters v Public Transport Corporation (1991) 173 CLR 349 Western Australia v Ward (2002) 213 CLR 1 Texts Cited: Equality Before the Law Bench Book The Honourable Justice Stephen Gageler AC, "Alternative Facts in the Courts" (2019) 93 ALJ 585 Category: Principal judgment Parties: The Father (Plaintiff) The Secretary of the Department of Communities and Justice (First Defendant) The Minister for Families and Communities (Second Defendant) The Mother (Third Defendant) Representation: Counsel: Plaintiff (self-represented) Ms S Mahony (First and Second Defendant) Ms P Jones (Third Defendant) Mr P Ryan (Solicitor Advocate, Independent Legal Representative)