Minister for Community Services & Anor v The Children's Court & Ors [2003] NSWSC 863

Minister for Community Services & Anor v The Children's Court & Ors [2003] NSWSC 863

None of the asserted sources—s15 of the Children's Court Act 1987, s74 of the Children and Young Persons (Care and Protection) Act 1998, nor implied power—authorised the Children's Court to order that the Director General pay parents' travel and accommodation expenses for contact with a child in foster care; as there was no consent as required under s74, the order was ultra vires and must be quashed.

Parties
Plaintiff: Minister for Community Services; Plaintiff: Director General Department of Community Services; First Defendant: The Children's Court of New South Wales; Second Defendant: Mother of 'George'; Third Defendant: Father of 'George'; Child: 'George' (child, pseudonym)
Jurisdiction
Australia
Judgment Date
19 September 2003
Procedural Posture
Judicial Review (certiorari) / First Instance Judgment
Outcome
Order in part quashed
Legal Topics
Children's Court Powers, Contact Visits, Payment of Expenses, Certiorari, Statutory Interpretation
Family Law Child Welfare Administrative Law Children's Court Powers Contact Visits Payment of Expenses Certiorari Statutory Interpretation

Case Brief

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Parties

Minister for Community Services

Plaintiff

Director General Department of Community Services

Plaintiff

The Children's Court of New South Wales

First Defendant

Mother of 'George'

Second Defendant

Father of 'George'

Third Defendant

'George' (child, pseudonym)

Child

Procedural Posture

Judicial Review (certiorari) / First Instance Judgment

Legal Issues

  1. 1 Whether the Children's Court has power to order the Director General to pay travel and accommodation expenses of parents for contact visits with a child in foster care.

Ratio Decidendi

None of the asserted sources—s15 of the Children's Court Act 1987, s74 of the Children and Young Persons (Care and Protection) Act 1998, nor implied power—authorised the Children's Court to order that the Director General pay parents' travel and accommodation expenses for contact with a child in foster care; as there was no consent as required under s74, the order was ultra vires and must be quashed.

Court Disposition

Order in part quashed

Orders

  • So much of the order of the Children's Court made and entered on 28 January 2003 as directed 'The Department of Community Services to pay the rail/bus fares and reasonable accommodation expenses parents' be quashed.