R v Hayward [2017] NSWSC 1170

R v Hayward [2017] NSWSC 1170

Children and Young Persons (Care and Protection) Act 1998 (NSW) s 29(1)(d)(iii), construed in its statutory context and with reference to the Second Reading Speech, excepts from inadmissibility only child welfare proceedings in the Supreme Court or Civil and Administrative Tribunal, not criminal proceedings in the Supreme Court. The original form of s 29(1)(d) used clear and unmistakable language to make reports inadmissible in criminal proceedings, and the 2010 amendments did not extend the exception to criminal proceedings. A report referred to in s 29(1), or evidence of its contents, is therefore not admissible in criminal proceedings in the Supreme Court or any other court.

Jurisdiction
Australia
Judgment Date
01 September 2017
Procedural Posture
Criminal Proceedings / Pre Trial Determination of Admissibility Following Conditional Exemption to Present Indictment in the Supreme Court
Outcome
The proceedings are remitted to the District Court of New South Wales.
Legal Topics
['admissibility of Child Protection Reports' 'children and Young Persons (care and Protection) Act 1998 (nsw) S 29' 'principle of Legality' 'right to a Fair Trial According to Law' 'remittal to District Court']
['criminal Law' 'statutory Interpretation' 'practice and Procedure' 'children and Young Persons'] ['admissibility of Child Protection Reports' 'children and Young Persons (care and Protection) Act 1998 (nsw) S 29' 'principle of Legality' 'right to a Fair Trial According to Law' 'remittal to District Court']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Proceedings / Pre Trial Determination of Admissibility Following Conditional Exemption to Present Indictment in the Supreme Court

Legal Issues

  1. 1 ['Whether reports made to the Department of Family and Community Services, or evidence of their contents, are admissible in criminal proceedings in the Supreme Court under Children and Young Persons (Care and Protection) Act 1998 (NSW) s 29(1)(d)(iii).' 'Whether the words "proceedings in relation to a child or young person before the Supreme Court" in s 29(1)(d)(iii) refer to all Supreme Court proceedings involving children or only child welfare proceedings.' 'Whether the Court of Criminal Appeal decision in The Application of the Attorney General for New South Wales dated 4 April 2014 bound the Court on the construction of s 29(1)(d).' 'Whether all material produced under subpoena by Family and Community Services was caught by s 29(1)(d).']

Ratio Decidendi

Children and Young Persons (Care and Protection) Act 1998 (NSW) s 29(1)(d)(iii), construed in its statutory context and with reference to the Second Reading Speech, excepts from inadmissibility only child welfare proceedings in the Supreme Court or Civil and Administrative Tribunal, not criminal proceedings in the Supreme Court. The original form of s 29(1)(d) used clear and unmistakable language to make reports inadmissible in criminal proceedings, and the 2010 amendments did not extend the exception to criminal proceedings. A report referred to in s 29(1), or evidence of its contents, is therefore not admissible in criminal proceedings in the Supreme Court or any other court.

Court Disposition

The proceedings are remitted to the District Court of New South Wales.

Orders

  • ['The proceedings are remitted to the District Court of New South Wales.']