The Secretary of the Department of Family and Community Services (DFaCS) and Krystal [2019] NSWChC 6

Children's Court New South Wales

Medium Neutral Citation: The Secretary of the Department of Family and Community Services (DFaCS) and Krystal [2019] NSWChC 6 Hearing dates: 1 July 2019 Date of orders: 14 August 2019 Decision date: 14 August 2019 Jurisdiction: Care and protection Before: Children's Magistrate Stubbs Decision: 1. The definition of "Parent" in the Children and Young Persons (Care and Protection) Act 1998 excludes a biological parent who do not hold parental responsibility 2. Pursuant to s. 98(3) Children and Young Persons (Care and Protection) Act 1998 leave is granted to the biological father to be joined to the proceedings 3. The s. 256A Application in respect of the step-father holding Parental Responsibility is granted and service of all documents on the said stepfather is dispensed with. Catchwords: CHILDREN – STATUTORY INTERPRETATION - Children and Young Persons (Care and Protection) Act 1998 – parties to care proceedings – meaning of "party" – definitions of "parent" and "parental responsibility" – right of appearance of parents from whom parental responsibility was removed prior to the commencement of the Care proceedings – joinder pursuant to s 98(3) – appearance of persons having a "genuine concern for the safety, welfare and well-being" of a child – consideration of s. 256A Children and Young Persons (Care and Protection) Act 1998 when person holding parental responsibility has been charged with sexual offences in relation to a child the subject of Care proceedings Legislation Cited: Child Protection (Working with Children) Act 2012 Child Welfare Act 1939 Children and Young Persons (Care and Protection) Act 1998 Crimes Act 1900 Criminal Procedure Act 1986 Family Law Act 1975 Interpretation Act 1987 (NSW). Judiciary Act 1903 (cth) Ombudsman Act 1974 Police Act 1990 Status of Children Act 1996 Cases Cited: Alcan (NT) Aluminia Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27, [2009]HCA 41 Bell-Collins Children v Secretary, Department of Family and Community Services [2015]NSWSC 701 BS v Minister for Community Services & Ors (2008) CLN Clyne v Deputy Federal Commissioner for Taxation (1991) 150 CLR 1 Coco v The Queen [1994] HCA 15 Cody v HJ Nelson Pty Limited (1947) 74 CLR 629 Cooper Brooks (Wollongong) Pty Limited v Federal Commissioner of Taxation (1947) CLR 297 Commissioner for Railways (NSW) v Agalianos [1955] HCA 27 Department of Community Services v SM and MM [2008] NSW DC 194 EC v Secretary, NSW Department of Family and Community Services [2019] NSWSC 226 EL & WL v Director-General of the Department of Human Services [2010] NSWDC 248 Esso Australia Pty Ltd v Australian Workers Union [2017] HCA 54 FCT v Consolidated Media Holdings Ltd (2012) 87 ALJR 98 Hayward v R [2018] NSWCCA 104 House v R [1936] HCA 40 J v Lieschke [1987] HCA 4 Lacey v Attorney-General (Qld) [2011] HCA 10 Ormond Investments v Betts [1928] AC 143 SP v Department of Community Services [2006] NSW DC 168 Mansell v Olins [1975] AC 373 Massons v Parsons [2019] HCA 21 Potter v Minehan [1908] HCA 63 Project Blue Sky v Australian Broadcasting Authority (1988) 194 CLR 255 Re Andrew (No 2) [2004] NSWSC 842 San v Rumble (No 2) [2007] NSWCA 259 TAL v Minister for Immigration Boarder Protection [2017] HCA 24 The Secretary, Department of Family and Community Services (NSW) and the Marks Children [2016] NSWChC 2 Telstra Corporation Limited v Hornsby Shire Council [2006] NSWLEC 133 Twist v Randwick City Council [1976] HCA 58 Yacoub v Pilkington (Australia) Limited [2007] NSWCA 290 Category: Procedural and other rulings Parties: The Secretary The Father The Stepfather The Child Representation: Mr McLachlan, solicitor for the Secretary, Deparment of Family and Community Services Ms Moran, solicitor for the father Mr Amos, solicitor for the stepfather Mr Kennard, solicitor, for the child as the Independent Legal Representative File Number(s): 2019/11135 Publication restriction: Pseudonyms have been used in order to anonymise the child/ren and parties