C v The Secretary, Family & Community Services [2016] NSWDC 103

District Court New South Wales

Medium Neutral Citation: C v The Secretary, Family & Community Services [2016] NSWDC 103 Hearing dates: 23, 24 & 25 May 2016 Date of orders: 10 June 2016 Decision date: 10 June 2016 Jurisdiction: Civil Before: Judge Levy SC Decision: Appeal allowed. See paragraph [131] for orders. Catchwords: CHILD CARE APPEAL – Aboriginal child in out of home care – parents unsuitable placement – whether parental responsibility should be allocated to the maternal grandmother despite a refusal by the Office of the Children's Guardian to issue her with a clearance to work with children Legislation Cited: Administrative Decisions Review Act 1997, s 27(1) Child Protection (Working with Children) Act 2012, s 21 Children and Young Persons (Care and Protection) Act 1998, s 9, s 10, s 10A, s 13, s 105 Children and Young Persons (Care and Protection) Regulation 2012, reg 20 Category: Principal judgment Parties: "C" (Appellant maternal grandmother) "D" (Child the subject of the appeal) Foster carers of the younger sibling (Intervener) Secretary of Family & Community Services and the Minister for Family & Community Services (Respondents) Representation: Counsel: Ms S Anderson (Appellant) Ms C Smith (Independent legal representative of child "D") Mr P Denmeade (Solicitor for the intervener foster carers) Ms M Neville (Respondents)

Solicitors: Trenches (Appellant) Ms S Nanlohy, Legal Aid NSW (child "D") Paul Denmeade & Co (Solicitor for the intervener foster carers) Crown Solicitor (Respondents) File Number(s): 2016/13077 Publication restriction: A non-publication order was made pursuant to s 105 of the Children and Young Persons (Care and Protection) Act 1998 – see paragraph [2]