Re Henry; JL v Secretary, Department of Family and Community Services

[2015] NSWCA 89

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Prerogative relief
4. › Certiorari
5. › Error of law on the face of the record
6. › Jurisdictional error
7. › Care and protection proceedings
8. › Supreme Court Act 1970 (NSW), s 69
1. Administrative Law
2. › Judicial review
3. › Apprehended bias
4. › Whether judge biased in assessing self-represented litigant's case
5. › Whether excessive intervention in examination of witnesses
6. › Whether findings of fact can demonstrate apprehended bias
1. Administrative Law
2. › Judicial review
3. › Procedural fairness
4. › Self-represented litigants
5. › Whether judge failed to provide appropriate assistance
6. › Whether judge's case management constituted denial of procedural fairness
1. Child Welfare
2. › Care and protection of children
3. › Care and protection orders
4. › Parental responsibility allocated to Minister
5. › Section 106A evidence of prior removal of siblings
6. › Whether evidence of prior removal was irrelevant consideration
7. › Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 79, 83, 106A

Quick Take

A failure to refer to the UN Convention on the Rights of the Child in care proceedings does not constitute jurisdictional error where the applicant did not rely upon the Convention below and the determinations made were factual rather than discretionary. Complaints about the weight given to evidence by a trial judge cannot constitute error of law where the complainant bore the statutory burden of proof. Evidence of prior removal of siblings admitted under s 106A of the Care Act is prima facie evidence that the child is in need of care and protection, and the weight to be accorded to it is a matter for the trial judge.