ID, PF and DV v Director General, Department of Juvenile Justice and Anor [2008] NSWSC 966

[2009] ALMD 5438 [2009] ALMD 5284 [2009] ALMD 5288 Reported Decision : [2009] ALMD 5286 [2009] ALMD 5285 188 A Crim R 165 73 NSWLR 158

New South Wales Supreme Court

CITATION : ID, PF and DV v Director General, Department of Juvenile Justice and Anor [2008] NSWSC 966

HEARING DATE(S) : 27 August 2008, 28 August 2008

JUDGMENT DATE : 19 September 2008

JUDGMENT OF : Johnson J at 1

1. Declaration that the First Defendant failed to accord each of the Plaintiffs ID, PF and DV, procedural fairness prior to directing his transfer under s.28 Children (Detention Centres) Act 1987 from a juvenile detention centre to an adult correctional centre. DECISION : 2. Order that the direction of the First Defendant that each of the Plaintiffs, ID, PF and DV, be transferred from a juvenile detention centre, to an adult correctional centre is set aside. 3. Order that unless and until a lawful and valid determination is made under s.28 Children (Detention Centres) Act 1987 directing his transfer to an adult correctional centre, each of the Plaintiffs, ID, PF and DV, is to be returned to the Juvenile Justice Centre from which he has been moved. 4. The First Defendant to pay the costs of the Plaintiffs, ID, PF and DV.

CATCHWORDS : ADMINISTRATIVE LAW - judicial order under s.19 Children (Criminal Proceedings) Act 1987 that sentences of Plaintiffs be served as juvenile offenders - administrative order made for transfer of Plaintiffs under s.28 Children (Detention Centres) Act 1987 from juvenile detention centre to adult correctional centre - proceedings for judicial review - whether Plaintiffs entitled to procedural fairness before transfer - whether Plaintiffs were accorded procedural fairness - whether failure to have regard to relevant factors - whether regard had to irrelevant factors - whether transfer decision vitiated by inflexible application of policy - relief granted