Dupont v The Secretary, Department of Family and Community Services [2014] NSWDC 240

District Court New South Wales

Medium Neutral Citation: Dupont v The Secretary, Department of Family and Community Services [2014] NSWDC 240 Hearing dates: 1, 2 and 3 December 2014 Decision date: 11 December 2014 Jurisdiction: Civil Before: Gibson DCJ Decision: See [123]ff Catchwords: CHILDREN - proceedings concerning whether two children were in need of protection heard and determined by the Children's Court under Children and Young Persons (Care and Protection) Act 1991 (NSW) - appeal by one parent in relation to one of the children the subject of the orders - whether Child Protection Legislation Amendment Act 2014 (NSW) applicable - consideration of savings provisions in Schedule 3, Part 10 - proceedings to be determined in accordance with legislation in force at the time of the Children's Court hearing - whether realistic possibility of restoration of child - whether permanency planning for child appropriately and adequately addressed - consideration of ss 89 and 103 of the Act concerning the welfare of the relevant other persons - child living with a sibling in care where that order was not the subject of appeal - no reasonable prospect of restoration - appeal dismissed Legislation Cited: Child Protection Legislation Amendment Act 2014 (NSW) s 263, Schedule 3, Part 10 Children and Young Persons (Care and Protection) Act 1991 (NSW), ss 8, 9, 71, 72, 79, 83, 87, 90, 91, 93, 103 Evidence Act 1995 (NSW), s 128 Interpretation Act 1987 (NSW), s 30 Cases Cited: Campbell, Re [2011] NSWSC 761 Department of Family and Human Services (NSW) re Day [2012] NSWChC 14 DFACS (NSW) and the Colt Children [2013] NSWCHC 5 Kestle, Susan v Director-General of the Department of Family and Community Services [2012] NSWChC 2 Re June (No 2) [2013] NSWSC 1111 Re Saunders and Morgan & Anor v Department of Community Services (District Court of NSW, unreported) Texts Cited: - Category: Principal judgment Parties: Plaintiff: Mr Dupont First Defendant: The Secretary, Department of Family and Community Services Second Defendant: Ms Dupont Third Defendant: Katarzyna Rutkowska - Independent Children Representative Fourth Defendant: Jacqui Griffin - Independent Children Representative Representation: Plaintiff: Mr Dupont (in person) First Defendant: Mr G Moore Second Defendant: No appearance Third Defendant: Ms K Rutkowska Fourth Defendant: Ms L Goodsell Plaintiff: Mr Dupont (in person) First Defendant: Crown Solicitors Office Second Defendant: No appearance Third Defendant: Ark Law Fourth Defendant: Jacqui Griffin File Number(s): 2014/185952 Publication restriction: Pseudonyms have been used in order to anonymise the children and parties