R v TK [2023] NSWDC 663

District Court New South Wales

Medium Neutral Citation: R v TK [2023] NSWDC 663 Hearing dates: 15 June 2023, 21 June 2023 Date of orders: 30 June 2023 Decision date: 30 June 2023 Jurisdiction: Criminal Before: Baker SC DCJ Decision: The subpoena issued to the Secretary, NSW Department of Communities and Justice (the DCJ) is set aside in part, being paragraph 2. Catchwords: CRIMINAL LAW — practice and procedure — subpoena for production of documents — interlocutory application by the DCJ to set aside in part a subpoena issued by the respondent — abuse of process and/or production prohibited STATUTORY INTERPRETATION — Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 29, 29(1A) — whether reports made "in good faith" — whether there is "evidence to the contrary" Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 29, 29(1A) Criminal Procedure Act, 1986 (NSW), s 227 Evidence Act 1995 (NSW), s 192A Cases Cited: Agar v McCabe [2015] VSC 378 Bosanac v Commissioner of Taxation & Anor (2022) 405 ALR 424 Bropho v Human Rights and Equal Opportunity Commission & Anors [2004] FCAFC 16 Roads and Traffic Authority of New South Wales v Baldock [2007] NSWCCA 35; 168 A Crim R 566 Roads and Traffic Authority of New South Wales v Michell [2006] NSWSC 194 RTA of NSW v Nichols [2005] NSWSC 946 Secretary, Department of Family and Community Services v Hayward (a pseudonym) [2018] NSWCA 209 Secretary, Department of Family and Community Services v ZL [2019] NSWCCA 135 Category: Procedural rulings Parties: The Secretary, Department of Communities & Justice (the applicant) TK (the respondent) The Director of Public Prosecutions (NSW) Representation: Counsel: