Re Sally [2011] NSWSC 1696

Supreme Court New South Wales

Medium Neutral Citation: Re Sally [2011] NSWSC 1696 Hearing dates: 27 September 2011 Decision date: 27 September 2011 Jurisdiction: Equity Division Before: Slattery J Decision: The child should be represented by a Direct Leal Representative. Catchwords: FAMILY AND CHILD WELFARE - orders in relation to the child previously made in the parens patriae jurisdiction of the Court - child turning eighteen soon - legal representative of the child seeks clarification of his role - role of a Direct Legal Representative or an Independent Legal Representative under the Children and Young Persons (Care and Protection) Act 1998, s 99D considered - role of the Independent Children's lawyer under Family Law Act 1975 discussed - neither of the statutory models binding on the Court in the exercise of its inherent parens patriae jurisdiction but the models useful as a template for the Court's decision - whether the child is capable of giving instruction to her representative - whether the child's access to some of the medical reports should be restricted in her best interests. Legislation Cited: Children and Young Persons (Care and Protection) Act 1998, ss 98, 99, 99D Children's Court Act 1987, s 22A Family Law Act 1975 (Cth), s 68LA Family Law Amendment Shared Parental Responsibility Act 2006 (Cth) Cases Cited: Deputy Commissioner of Taxation v P [1987] 11 NSWLR 200 Director General, Department of Community Services, Re Jules (2008) 40 Fam LR 122 Director General, Department of Community Services v Thomas [2009] NSWSC 1490 Director General, New South Wales Department of Community Services (NSW) v Y [1999] NSWSC 644 Gillick v West Norfolk and Wisbech Area Health Authority [1986] AC 112 Marriage of Bennett (1990) 14 Fam LR 397 Re Campbell [2011] NSWSC 761 Department of Health & Community Services v JWB & SMB (1992) 175 CLR 218 Category: Interlocutory applications Parties: Applicant:- Director-General, Department of Family and Community Services and Minister for Family and Community Services