Department of Communities and Justice (DCJ) and Jack and Jill [2020] NSWChC 3

Department of Communities and Justice (DCJ) and Jack and Jill [2020] NSWChC 3

The plans proposed by the Department do not involve guardianship within the meaning of s 79(9) because the carer does not agree to guardianship and there is no reasonable degree of inevitability that a guardianship order will be made. Permanency planning has not been appropriately and adequately addressed; the...

Source-derived case information.

Parties
Applicant: The Secretary; Child: Jack; Child: Jill
Jurisdiction
Australia
Judgment Date
03 April 2020
Procedural Posture
Care and Protection / Final Determination on Permanency Plan and Orders
Outcome
Direction to file new permanency plans
Legal Topics
Care and Protection, Permanency Planning, Guardianship, Best Interests of the Child
Child Law Care and Protection Permanency Planning Guardianship Best Interests of the Child

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Parties

The Secretary

Applicant

Jack

Child

Jill

Child

Procedural Posture

Care and Protection / Final Determination on Permanency Plan and Orders

Legal Issues

  1. 1 Whether the permanency plan for Jack and Jill appropriately and adequately addresses permanency planning
  2. 2 Whether the plan involves guardianship for the purposes of s 79(9) of the Act
  3. 3 Whether the proposed orders are in the best interests of the children

Ratio Decidendi

The plans proposed by the Department do not involve guardianship within the meaning of s 79(9) because the carer does not agree to guardianship and there is no reasonable degree of inevitability that a guardianship order will be made. Permanency planning has not been appropriately and adequately addressed; the Department's proposed two-year parental responsibility order creates avoidable future litigation and does not provide the long-term security or legal certainty required. Therefore, the Department is directed to file new permanency plans.

Court Disposition

Direction to file new permanency plans

Orders

  • The Department of Communities and Justice is directed to file new permanency plans for Jack and Jill.