Re Maree [2007] NSWLC 35

Local Court of New South Wales

CITATION: Re Maree [2007] NSWLC 35 JURISDICTION: Children's Court PARTIES: Director General of Department of Community Services; Re Maree FILE NUMBER: PLACE OF HEARING: Lismore DATE OF DECISION: 08/07/2007 MAGISTRATE: CATCHWORDS: Abuse allegations - unacceptable risk LEGISLATION CITED: Children and Young Person's Care and Protection Act 1998 Briginshaw v. Briginshaw [1938] 60 CLR 336 CASES CITED: M v M [1988] HCA 68 B v B [1988] HCA 66 W & W [2005] Fam CA 892 (21 September 2005) REPRESENTATION: ORDERS:

1. This is a Care Application brought by the Director-General of the Department of Community Services which commenced at Ballina on 20 September, 2006. A finding of need of care and protection was made on 31 January, 2007. Ms. Ferguson appeared for the Director-General.

2. Maree, who was born in 2001, is the daughter and only child [the father of address A] and his Japanese-born wife [the mother of address B]. [The mother and child reside together]. Every one of the Mother's extended family resides in Japan and she first came to this country about seven years ago. The paternal grandparents live in or around Adelaide. The Father and the Mother were represented in these proceedings by Mr. Van Kempen and Ms. Crane respectively. Mr. Darnell appeared in the interests of the child.

3. On 21st. August, 2006, the Department of Community Services received a report from Dr. Christopher Ingall, consultant paediatrician, of Lismore confirming an earlier report to the effect that Maree had been diagnosed with gonorrhoea. Apart from the infection, there was nothing in the child's medical examination to indicate that Maree had been sexually assaulted and neither has she at any time made any disclosure of any sexual misbehaviour towards her by any person.