EC v Secretary, NSW Department of Family and Community Services [2019] NSWSC 226

EC v Secretary, NSW Department of Family and Community Services [2019] NSWSC 226

Barnardos Australia, as a corporation and designated agency, is a 'person' within the meaning of s 98(3) of the Act, can have and in this case does have a genuine concern for the children's welfare, and in all the circumstances, it is appropriate the Court exercise its discretion to allow Barnardos to be joined to the proceedings without limits at this stage; the appeal is therefore dismissed.

Jurisdiction
Australia
Judgment Date
08 March 2019
Procedural Posture
Appeal / Judgment on Appeal From Presidential Children's Court
Outcome
Appeal dismissed
Legal Topics
["children's Court" 'care Proceedings' 'joinder of Parties' 'statutory Interpretation' 'standing' 'child Protection']
['family Law' 'child Welfare' 'administrative Law'] ["children's Court" 'care Proceedings' 'joinder of Parties' 'statutory Interpretation' 'standing' 'child Protection']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From Presidential Children's Court

Legal Issues

  1. 1 ["Is the Sixth Defendant a 'person' within the meaning of s 98(3) of the Children and Young Persons (Care and Protection) Act 1998 (NSW)?" "Does the Sixth Defendant have a 'genuine concern for the safety, welfare and well-being' of the children under s 98(3)?" 'Should the Court exercise its discretion to grant leave for the Sixth Defendant to appear as a party?' 'Should any limits be placed on the leave granted to the Sixth Defendant?']

Ratio Decidendi

Barnardos Australia, as a corporation and designated agency, is a 'person' within the meaning of s 98(3) of the Act, can have and in this case does have a genuine concern for the children's welfare, and in all the circumstances, it is appropriate the Court exercise its discretion to allow Barnardos to be joined to the proceedings without limits at this stage; the appeal is therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' "The decision of the learned President of the Children's Court to grant leave to Barnardos Australia under s 98(3) is confirmed."]