The principle of least intrusive intervention in s 9(2)(c) of the Children and Young Persons (Care and Protection) Act 1998 (NSW) does not apply to preserve existing care arrangements on an application to rescind or vary a care order under s 90; it is confined to when action is necessary to protect a child from harm. A care plan considered under s 80 must be relevant to the current circumstances, and a plan overtaken by material changes (such as the death of a carer) does not satisfy the statutory requirement. The CROC is capable of being a relevant consideration in the exercise of judicial discretion under the Act, and a positive rejection of its relevance may constitute jurisdictional error.
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