Re David, Alan and Mary and the Director General Family and Community Services [2014] NSWSC 1077

Re David, Alan and Mary and the Director General Family and Community Services [2014] NSWSC 1077

The Court declined to grant a permanent injunction restraining the Department from disclosing to the Police the plaintiff’s confidential disclosures, holding that public interest in the enforcement of the criminal law and s 316 of the Crimes Act 1900 (NSW) overrode any obligation of confidence that otherwise attached to those disclosures.

Jurisdiction
Australia
Judgment Date
03 November 2014
Procedural Posture
Principal Judgment / Final Orders Following Interlocutory Injunction
Outcome
Interlocutory injunction continued, but application for permanent injunction refused; proceedings adjourned.
Legal Topics
['confidentiality' 'breach of Duty of Confidentiality' 'injunctions' 'mandatory Reporting' 'disclosure to Police' 'reasonable Excuse Under S 316 Crimes Act']
['equity' 'criminal Law' 'family Law'] ['confidentiality' 'breach of Duty of Confidentiality' 'injunctions' 'mandatory Reporting' 'disclosure to Police' 'reasonable Excuse Under S 316 Crimes Act']

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

Principal Judgment / Final Orders Following Interlocutory Injunction

Legal Issues

  1. 1 ['Whether FaCS is obliged under s 316 Crimes Act 1900 (NSW) to disclose confidential information to Police' 'Whether an injunction should restrain disclosure to Police involving admissions of sexual conduct made in confidence' "Whether a 'reasonable excuse' under s 316 exists to not disclose information to police"]

Ratio Decidendi

The Court declined to grant a permanent injunction restraining the Department from disclosing to the Police the plaintiff’s confidential disclosures, holding that public interest in the enforcement of the criminal law and s 316 of the Crimes Act 1900 (NSW) overrode any obligation of confidence that otherwise attached to those disclosures.

Court Disposition

Interlocutory injunction continued, but application for permanent injunction refused; proceedings adjourned.

Orders

  • ['Parties to bring in short minutes of order to give effect to reasons.' 'Proceedings adjourned for directions to 21 August 2014.' 'Existing injunctions to continue until further order.']