Back to homepage
Table of contents
Recent updates
Search for:
Principles and jurisdiction
Overview
[2-1000]
Care and protection jurisdiction of the Children’s Court
[2-1005]
“Unacceptable risk” of harm test
[2-1010]
Principle of active efforts
[2-1015]
Evidence of active efforts etc
[2-1020]
Culture
[2-1025]
Family is Culture review report
[2-1030]
Care plans
[2-1035]
Cultural care planning mandate
[2-1040]
Removal of child into care and protection
[2-1060]
Aboriginal and Torres Strait Islander principles
[2-1065]
Identification of Aboriginal children
[2-1070]
Issues arising from de-identification of Aboriginal and Torres Strait Islander children
[2-1080]
Permanency planning
[2-1085]
Additional requirements for Aboriginal or Torres Strait Island child or young person: s 83A
[2-1090]
Permanent placement principles — points to consider
[2-1120]
Care plan template
[2-1140]
Operating a trauma-informed court
[2-1160]
Further reading
Care tree
[2-2000]
Definitions
Glossary
[2-2020]
Closed court
[2-2030]
Children and young persons to whom Act applies
[2-2040]
Parties
Right of appearance — s 98
The principle of participation — s 10
Support person
Case workers
Others
Media
[2-2060]
Service
[2-2080]
Parties are encouraged to consult but this is not a consent jurisdiction
[2-2100]
Minute of care order
[2-2120]
Expedition and adjournments — s 94
Age
Practice Note 5
[2-2140]
Legal test
Proving a fact
Assessing risk
Unacceptable risk of harm
[2-2160]
Hearings
Rules of evidence
Hearing procedure
[2-2180]
Unreasonable conduct
Unrepresented litigants
[2-2200]
Section 61 and s 90 applications
Application for care orders under s 61
Application for rescission or variation of orders under s 90
Other applications
Other reviews
[2-2210]
Active efforts
[2-2220]
Application under s 61 — first return date
Short reasons for interim order
Long order
Long order (cont)
Long order (cont)
Interim contact orders
[2-2240]
Establishment — second return date
If the issue of establishment is conceded
Option — child is in need of care and protection
Option — other orders
If establishment is contested
If adjourned for compliance and establishment is still contested
Establishment hearing
Finding option
Appeal rights after establishment
[2-2260]
Directions in relation to the placement stage — third step
Timetable
[2-2280]
Joined application — first listing
Leave to be joined supported by parties and court — s 98(3)
If leave to be joined opposed — s 98(3)
Leave to be joined hearing — s 98(3)
[2-2300]
Assessment order
If the assessment application is supported by all parties
If the assessment application is not supported by all parties
Assessment hearing
[2-2320]
Dispute resolution conferences
[2-2340]
Hearing date sought
Further standard directions apply — PN 5
[2-2360]
Readiness hearing
[2-2380]
Final order — s 61 — supported by all parties and court agrees
Final order — structure of proceedings
Final order — guardianship
[2-2400]
Section 90 application
First listing — usually an adjournment sought for instructions
Second listing — s 90 leave supported by all parties and court agrees
Second listing if s 90 leave is not supported by a party or not agreed to be the court
Leave hearing decision — s 90
Final order s 90 — Long decision after leave is granted
Revisiting the issue of establishment or finding of no realistic possibility of restoration (NRPOR)
Delay
The applicants’ likely prospects of success and matters of public policy
[2-2420]
Guardian ad litem: s 100 — child or young person
Decision
Guardian ad litem and amicus curiae-parents — s 101
[2-2440]
Expedition and adjournments
[2-2460]
Re-listing for non-compliance with directions
[2-2480]
Vacate a hearing date
[2-2500]
Emergency care and protection orders
Subpoena — PN 5
Subpoena — general order
Subpoena with proposed orders
Subpoena — access is granted to legal practitioners only
Subpoena — access is granted to redacted documents
Possible objection to subpoena
Short service subpoena
[2-2520]
Children’s Court may dispense with service — s 256A
[2-2540]
Exclusion of particular persons from proceedings — s 104A
[2-2560]
Aboriginal or Torres Strait Islanders
Aboriginal and Torres Strait Islander principles — ss 11, 12, 12A, 13, 14
Identification
[2-2580]
Parent capacity order — s 91B(b)
Procedure for listing applications for a parent capacity order
[2-2600]
Overseas travel
[2-2620]
Costs in care proceedings
Legal framework
Decision option — order for applicant to pay costs
Decision option — order for applicant to pay costs
Decision option — costs order refused, proceedings not improperly commenced
Decision option — costs order refused, proceedings not inappropriately prolonged
Decision option — costs order refused, “exceptional circumstances” not demonstrated
Decision option — costs order refused, “exceptional circumstances” not demonstrated
[2-2640]
Transferring a child protection order
Transferring a pending child protection order
[2-2660]
Order for supervision
[2-2680]
Prohibition orders — s 90A
[2-2700]
Order for undertakings — s 73
Applications on breach of undertakings under s 73(5)
Applications on breach of supervision under s 77(3)
[2-2720]
Withdrawal of care application — s 66
[2-2740]
Apprehended violence order (AVO)
[2-2760]
Applications for contact orders under s 86
Check if leave is required
Contact orders
Contact considerations
[2-2780]
Resources
Cross-over kids
[2-3000]
Cross-over kids: introduction
Further reading
Cross-over kids: the drift of children from the child protection system into the criminal justice system
P Johnstone
Introduction
Part 1: Identification of the extent of the cross-over
Part 2: Discussion of the causes of the cross-over
Part 3: Examination of options to address cross-over
Conclusion
Care-experienced children and the criminal justice system
A McGrath, A Gerard and E Colvin
Abstract
“Crossover kids”: Offending by child protection-involved youth
S Baidawi and R Sheehan
Abstract
Children’s Court of NSW: 2019
P Johnstone
[2-4000]
Care and protection and the Children’s Court of NSW
The guiding principles in the Care Act
Removal of children from their parent(s) or carer(s)
The need for care and protection
The placement phase of Care proceedings
Realistic possibility of restoration
Permanency planning
Parental responsibility
Out-of-home care
Contact
Particular aspects of the care jurisdiction
Practice and procedure
Expeditious disposition of proceedings
Children’s legal representatives
Support persons
Examination and cross-examination
Joinder
Rescission and variation of Care orders: s 90
Costs in Care proceedings
Cultural planning
Care appeals
Procedure
The Children’s Court Clinic
Alternative Dispute Resolution (ADR) in Care matters
Conclusion
Children’s Court update 2019
P Johnstone
[2-5000]
Introduction
Updates in the care and protection jurisdiction
Department of Family and Community Services Report on the outcomes of consultations: shaping a better child protection system
Amendments to the Children and Young Persons (Care and Protection) Act 1998 and Adoption Act 2000
The Role of an Independent Legal Representative
Conclusion