Director General Dept of Juvenile Justice & anor v NB & anor [2008] NSWSC 598

Director General Dept of Juvenile Justice & anor v NB & anor [2008] NSWSC 598

Because NB had been transferred to a juvenile correctional centre on or about 29 March 2008 and had thereby ceased to be a detainee and become an inmate, the Children's Court had no jurisdiction to revoke his parole on 20 May 2008 or to review that revocation and order his release on parole on 4 June 2008; both orders were invalid.

Jurisdiction
Australia
Judgment Date
11 June 2008
Procedural Posture
Amended Summons Seeking a Declaration Concerning the Validity of Children's Court Parole Orders / Ex Tempore Judgment in the Supreme Court of New South Wales, Common Law Division
Outcome
Declaration made.
Legal Topics
['jurisdiction' 'parole Revocation' 'transfer From Detention Centre to Correctional Centre' 'validity of Orders']
["children's Court" 'juvenile Justice' 'administrative Law'] ['jurisdiction' 'parole Revocation' 'transfer From Detention Centre to Correctional Centre' 'validity of Orders']

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Procedural Posture

Amended Summons Seeking a Declaration Concerning the Validity of Children's Court Parole Orders / Ex Tempore Judgment in the Supreme Court of New South Wales, Common Law Division

Legal Issues

  1. 1 ["Whether the Children's Court had jurisdiction to revoke NB's parole on 20 May 2008 after he had been transferred to a juvenile correctional centre." "Whether the Children's Court had jurisdiction on 4 June 2008 to review the revocation order and order NB's release on parole."]

Ratio Decidendi

Because NB had been transferred to a juvenile correctional centre on or about 29 March 2008 and had thereby ceased to be a detainee and become an inmate, the Children's Court had no jurisdiction to revoke his parole on 20 May 2008 or to review that revocation and order his release on parole on 4 June 2008; both orders were invalid.

Court Disposition

Declaration made.

Orders

  • ["The order of the Children's Court to revoke parole of the first defendant made on 20 May 2008 and the order of Magistrate Stapleton to release the defendant on parole in her review of that order made on 4 June 2008 were both made without jurisdiction and are invalid." 'Liberty to apply over the next fourteen days...