Aunt DU v The Secretary, Department of Family and Community Services [2015] NSWDC 392

District Court New South Wales

Medium Neutral Citation: Aunt DU v The Secretary, Department of Family and Community Services [2015] NSWDC 392 Hearing dates: 20, 21, 22 July 2015 Date of orders: 02 December 2015 Decision date: 02 December 2015 Jurisdiction: Civil Before: E OLSSON SC DCJ Decision: 1. The appeal is allowed. 2. The Secretary prepare a permanency plan for the long term placement of MO with her maternal aunt, Aunt DU. Catchwords: Commencement date of amendments; whether right to appeal accrued prior to; adequacy of permanency plan Legislation Cited: Acts Interpretation Act 1901 (Cth) Child Protection Legislation Amendment Act 2014 Children and Young Persons (Care and Protection) Act 1998 Children and Young Persons (Care and Protection) Regulation 2012 Children and Young Persons (Savings and Transitional) Regulation 2000 Compensation (Commonwealth Government Employees) Act 1971 Interpretation Act (NSW) 1987 Cases Cited: Esber v The Commonwealth (1991-1992) 174 CLR430 Druett v Director General of Community Services [2001] NSWCA 126 Gianoutsos v Glykis [2006] NSWCCA 137 JL v Secretary, Department of Family and Community Services [2015] NSWCA 88 Re Henry; JL v Secretary, Department of Family and Community Services [2015] NSWCA 89 Re Tracey [2011] NSWCA 43 Category: Principal judgment Parties: AUNT DU (1st Plaintiff/maternal aunt) JO (Second plaintiff/mother) SECRETARY, DEPARTMENT OF FAMILY & COMMUNITY SERVICES (1st Defendant) INDEPENDENT LEGAL REPRESENTATIVE FOR CHILD (2nd Defendant Representation: Counsel: Ms K Conte-Mills (1st Plaintiff) Mr D Petrushnko(2nd Plaintiff) Ms M Neville (1st Defendant) Mr P Braine (2nd Defendant)