SL v Secretary, Department of Family and Community Services [2016] NSWCA 124

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: SL v Secretary, Department of Family and Community Services [2016] NSWCA 124 Hearing dates: 17 March 2016 Decision date: 25 May 2016 Before: Basten JA at [1]; Ward JA at [82]; Simpson JA at [83] Decision: (1) Dismiss the application for leave to appeal.

(2) Dismiss the amended summons seeking review of the judgment of the District Court.

(3) Order that the applicants pay the costs of the Secretary in this Court. Catchwords: JUDICIAL REVIEW – review of decision of District Court on appeal from Children's Court – whether error of law on the face of the record or jurisdictional error established – whether District Court applied correct provisions of the Children and Young Persons (Care and Protection) Act 1998 (NSW)

CHILD WELFARE – care and protection of children – child protection orders – where mechanism of injuries unexplained – no realistic possibility of restoration – challenge to Children's Court order conferring parental responsibility on maternal grandparents until aged 18

STATUTORY INTERPRETATION – application of amended legislation – whether rights and liabilities accrued under pre-amendment legislation for purposes of s 30, Interpretation Act 1987 (NSW) – relevant rights and liabilities arising from court orders under review

CIVIL PROCEDURE – independent legal representative, s 98A Children and Young Persons (Care and Protection) Act 1998 (NSW) – whether a child the subject of care proceedings who is incapable of giving instructions should be a party to proceedings