CC v Minister for Territory Health Services

[1998] NTSC 82

Supreme Court of the Northern Territory

Built by Barristers,
For Australian Law.

1. Appeal
2. › community welfare
3. › declaration that newborn child in need of care
4. › burden of proof lies upon Minister.
1. Appeal
2. › community welfare
3. › prior ‘holding order’ made by Justice of Peace on day child born made on inadequate information
4. › failure of delegate of Minister to inform mother of order made effectively placing child in care of Minister.
1. Appeal
2. › community welfare
3. › error of law
4. › Court must make finding that an “in need of care” order would ensure care from minister would be significantly higher than present standard of care
5. › failure to make findings in relation to social and cultural ties of child
6. › failure to make findings that “parents” were unable to maintain the child
7. › failure to make any finding whatsoever in relation to the father of the child
8. › failure to provide reasons on crucial finding of fact adverse to mother.
1. Appeal
2. › community welfare
3. › error of law
4. › failure to give weight to evidence available that mother had sufficient support in the form of assistance both pre-natal and post-natal
5. › failure to make finding that no order other than “in need of care” order could be made and why any alternative order could not be made.

Citation[1998] NTSC 82

CourtNTSC

JurisdictionNorthern Territory

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