Director General Department of Family and Community Services; Re Stephen [2011] NSWSC 1521

Supreme Court New South Wales

Medium Neutral Citation: Director General Department of Family and Community Services; Re Stephen [2011] NSWSC 1521 Hearing dates: 12 October 2011 Decision date: 18 November 2011 Jurisdiction: Equity Division Before: Slattery J Decision: Consent dispense order made under Adoption Act 2000, s 67(1)(d). Adoption order to be made. Catchwords: ADOPTIONS - consent dispense order - Adoption Act, s 67(1)(d) - child under parental responsibility of Minister and with authorised carers since shortly after his birth - birth parents notified of proposed adoption and that a consent dispense order will be sought - birth parents not formally counselled or given mandatory written information seeking their consent under Adoption Act 2000, Chapter 4, Part 5, Division 2 - whether parents should undergo formal consent procedures before the Court considers making a consent dispense order and an adoption order. Legislation Cited: Adoption Act 2000 (NSW) Adoption Regulation 2003 (NSW), reg 34 Births, Deaths and Marriages Registration Act 1995 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW), s 46(3) Cases Cited: Department of Family and Community Services and LH; Re R [2011] NSWSC 551 Director General, Department of Community Services (NSW) v D (2007) 37 Fam LR 595 Director General Department of Human Services; Re M [2011] NSWSC 369 Re B [2010] NSWSC 1155 Infant, K & the Adoption of Children Act, Re (1973) 1 NSWLR 311 Category: Principal judgment Parties: Applicant Representation: Applicant:- Applicant:- Nicole Hailstone, Crown Solicitor's Office File Number(s): A70/2010 Publication restriction: No.