“A” v The Secretary, Family & Community Services [2015] NSWDC 307

District Court New South Wales

Medium Neutral Citation: "A" v The Secretary, Family & Community Services [2015] NSWDC 307 Hearing dates: 26, 27, 28, 29, 30 October & 2 November 2015; Last submissions received on 3 December 2015 Date of orders: 18 December 2015 Decision date: 18 December 2015 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1. Appeal allowed;

2. The Secretary of the Department of Family and Community Services is to prepare a new permanency plan consistent with these reasons;

3. The proceedings are to be listed on 29 January 2016, for the specific purpose of the parties bringing short minutes that set out the required draft orders to reflect these reasons, and which also fulfil any formal requirements of the Children and Young Persons (Care and Protection) Act 1998;

4. If required, liberty is granted to the parties to apply to the Court to relist the matter on such abridged notice as may be necessary, for the purposes of implementing these interim orders, and to identify the required final orders;

5. The exhibits are to be retained in the Court file pending further and final orders. Catchwords: CHILD CARE APPEAL – rejection of proposed permanency care plan providing for the permanent placement of two children into foster care – evaluation of flawed expert evidence that resulted in maternal grandmother being excluded from consideration for the placement of her two granddaughters into her care – orders for new permanency plan to be prepared to include transition provisions for transfer of placement and care Legislation Cited: Children and Young Persons (Care and Protection) Act 1998; s 8, s 9, s 10A, s79, s 83, s 86, s 90A, s 91, s 98, s 105 National Disability Insurance Scheme Act 2013 (Cwth) Cases Cited: BQZ v Challenge Community Services [2015] NSWCATAD 92 Dasreef Pty Ltd v Hawchar [2011] HCA 21; (2011) 243 CLR 588 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; (2001) 52 NSWLR 705 Mason v Demasi [2009] NSWCA 227 Re Tracey [2011] NSWCA 43 Vairy v Wyong Shire Council [2005] HCA 62; (2005) 223 CLR 442 Category: Principal judgment Parties: Randall Legal (Appellant) Ms S Nanlohy, Legal Aid NSW (The children) "D" In person (Father of second child) Byron Legal (Solicitor for foster carers) Crown Solicitor (First respondent) Representation: Counsel: Mr B Cochrane (Appellant) Ms C Smith (The children "B" and "C") "D" In person (Father of second child) Mr I McKay (Solicitor for foster carers) Ms M Neville (First respondent)