Application of Director-General, Department of Family and Community Services; Re BS (No 2) [2013] NSWSC 1243

Material produced on subpoena relating to police events involving the birth parents and provided under statutory authority is admissible, as its use in the present adoption proceedings is for a purpose associated with the welfare of the child and is not prohibited by s 245F of the Children and Young Persons (Care...

Source-derived case information.

Jurisdiction: Australia
Judgment Date: 21 August 2013
Procedural Posture: Application / Procedural Ruling
Outcome: access granted subject to limitations
Legal Topics: ['use of Information Under Care and Protection Act' 'parenting Capacity' 'admissibility of Documents Obtained Under Statutory Power']

['adoption Law' 'child Protection Law'] ['use of Information Under Care and Protection Act' 'parenting Capacity' 'admissibility of Documents Obtained Under Statutory Power']

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Procedural Posture

Application / Procedural Ruling

Legal Issues

1 ['Whether material obtained under s 245D of the Children and Young Persons (Care and Protection) Act 1998 can be used in adoption proceedings' 'Whether use of such material contravenes s 245F of the Act' 'Whether the material is relevant to proceedings concerning the best interests of the child']

Ratio Decidendi

Court Disposition

access granted subject to limitations

Orders

['Grant access to documents produced on subpoena limited to the legal representatives of each party' 'Paragraph 42 and exhibit DH1 admitted into evidence']

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