Director-General Department of Human Services and Community Services v LX [2010] NSWDC 291

New South Wales District Court

CITATION: Director-General Department of Human Services and Community Services v LX [2010] NSWDC 291

JUDGMENT DATE: 1 July 2010

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: I propose to make an order under s 79 of Children and Young Persons (Care & Protection) Act 1998 placing AX under the parental responsibility of the Minister

CATCHWORDS: CIVIL LAW - appeal by Director-General of care and protection order made by magistrate - no appearance of mother at hearing - Director-General seeking an order that parental responsibility be allocated to the Minister for Community Services pursuant to s 79(1)(b) of Children and Young Persons (Care & Protection) Act 1998 - whether to require an assessment under s.54 Children and Young Persons (Care & Protection) Act 1998 - construction of s 9(2)(c) of Children and Young Persons (Care & Protection) Act 1998 - interests of child and family to be taken into account by that provision

LEGISLATION CITED: Children and Young Persons (Care & Protection) Act 1998 s 9, s 54, s 60, s 71, s 72, s 79, s 83

CASES CITED: Re Louise and Belinda [2009] NSWSC 534

PARTIES: Director-General Department of Human Services and Community Services LX

FILE NUMBER(S): 2009/337942

Mr Mallos as independant representative of AX COUNSEL: Mr Braine for LX Mr Moore for the Director-General

JUDGMENT

1. AX was an eight-year-old boy living with his single mother. On 9 January 2009 DOCS officers, with the help of the police, took him away from his mother and placed him in the care of someone else. They took this action because they thought AX was at immediate risk of serious harm.