A person seeking leave under s 90(2) of the Children and Young Persons (Care and Protection) Act 1998 (NSW) need only establish a change of sufficient significance to justify consideration of a substantive application; they need not prove entitlement to the order sought. The assessment of 'significant change' requires comparison with the facts underlying the original order, not merely changes since the date of the last order. A continuation or extension of a pre-existing circumstance (such as a drug-free period) may constitute a significant change. The District Court has jurisdiction under s 91(1) to hear appeals from refusals of leave to apply for rescission or variation of care orders.
The full text is available to signed-in members, including the 9 later cases that cite this judgment.
3 of the 9 citing cases carry a classified treatment. How each court treated it is available to signed-in members.