In care and protection proceedings under the Children and Young Persons (Care and Protection) Act 1998 (NSW), s 9(2)(c) has no separate and independent operation where s 79(1) orders are sought; the specific requirement is the 'particular consideration' mandated by s 79(3). Allocation of parental responsibility to the Minister is allocation to the State, not to a natural person, so s 78A(4) (which constrains orders for sole parental responsibility with a non-Aboriginal person) does not apply to orders allocating parental responsibility to the Minister. A court that expressly acknowledges UNCROC, invites submissions on it, and forms its own view that UNCROC raises no additional considerations beyond the Care Act does not commit the error identified in Re Tracey.
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