Department of Communities and Justice (DCJ) and Ivy [2025] NSWChC 1

Children's Court New South Wales

Medium Neutral Citation: Department of Communities and Justice (DCJ) and Ivy [2025] NSWChC 1 Date of orders: 10 January 2025 Decision date: 10 January 2025 Jurisdiction: Care and protection Before: Children's Magistrate Hayes Decision: 1. The Court makes an order of PR solely to the Minister till the child turns 18 years. 2. The Court approves the minute of care order as provided by the ILR, including three s 82 reports. Catchwords: CHILDREN — CARE — nature of the Court's jurisdiction — Section 83(5) does not restrict the Court in matters it may consider — not possible to determine a realistic possibility of restoration on the balance of probabilities — unacceptable risk caters for all considerations — The proper test to be applied is not that of "unacceptable risk to the child". Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: Bell-Collins Children v Secretary, Department of Family and Community Services (No. 2) [2016] NSWSC 853. Briginshaw v Briginshaw [1938] HCA 34. BW v Secretary, Department of Communities and Justice & Ors [2024] NSWSC 1354. Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co KG [2024] HCA 4. CDJ v VAJ CDJ v VAJ [1998] HCA 67. Department of Communities and Justice (DCJ) and Bloom [2021] NSWChC 2. Department of Communities and Justice (DCJ) and Evie and Grace [2023] NSWChC 1. D v C; Re B (No 2) [2018] NSWCA 310. Director of Public Prosecutions (NSW) v Van Gestel [2022] NSWCCA 171. Fitzwater v Fitzwater (2019) 60 Fam LR 212. Isles & Nelissen [2022] FedCFamC1A 97. M v M HCA [1988] 68. NU v NSW Secretary of Family and Community Services [2017] NSWCA 221. Onesteel Reinforcing Pty Ltd v Sutton [2012] NSWCA 282. Qantas Airways Ltd v Gubbins (1992) 28 NSWLR 26. Re Alistair [2006] NSWSC 411. Re B (Children), [2008] UKHL 35. Re Benji and Perry [2018] NSWSC 1750. R v Kearney; Ex parte Jurlama (1984) HCA 14. Re Frances and Benny [2005] NSWSC 1207. Re Paul (No 2) [2024] NSWSC 106. Re Tanya [2016] NSWSC 794. Sue v Hill [1999] HCA 30; (1999) 199 CLR 462. Category: Principal judgment Parties: The Secretary, Department of Communities and Justice The Mother The Father The Child Representation: Solicitors/Counsel: Ms van Niekerk (Secretary) Ms Lam (Mother) Ms Flynn (Father) Mr Leishman/Ms Hale (Independent Legal Representative for the child) File Number(s): 2023/304373 Publication restriction: Pseudonyms have been used to protect the identity of the child, including geographical generalisations. There have been further slight clarifications.