Secretary, Department of Family and Community Services v Hayward (a pseudonym) [2018] NSWCA 209

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Secretary, Department of Family and Community Services v Hayward (a pseudonym) [2018] NSWCA 209 Hearing dates: 27 August 2018 Date of orders: 27 August 2018 Decision date: 25 September 2018 Before: Bathurst CJ, Beazley P, Basten JA, Gleeson JA, Payne JA Decision: (1) Declare that the District Court of New South Wales, in the exercise of its criminal jurisdiction, has no power to grant leave to any person or body to disclose (a) the identity of the person who made a report, as defined in s 29(6) of the Children and Young Persons (Care and Protection) Act 1998 (NSW), or (b) information from which the identity of that person could be deduced, pursuant to s 29(1)(f)(ii) of the Act.

(2) Dismiss the notice of motion dated 1 August 2018 filed by the first respondent in the District Court seeking leave pursuant to s 29(1)(f)(ii) permitting or requiring the Secretary, Department of Family and Community Services, to disclose the identity of persons who made the reports. Catchwords: CHILD WELFARE – care and protection – risk of significant harm reports – whether reports admissible in criminal proceedings – whether person can be compelled to produce or give evidence regarding contents of report in criminal proceedings – whether court in criminal case can compel disclosure of identities of makers of report – Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 24, 29, 29(1)(f)(ii)

CRIMINAL PROCEDURE – where accused in criminal trial sought disclosure of identities of persons who made risk of significant harm reports – whether District Court in criminal trial has power to order disclosure of identities – Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 24, 29(1)(f)(ii)