Vb v Chief Executive Officer of the Department of Communities

[2020] WASCA 146

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Remedies
4. › Declaratory relief
5. › Discretion to refuse
6. › Where decision overtaken by subsequent decision
7. › Where alternative statutory merits review available
8. › Whether primary judge considered declaratory relief
9. › Children and Community Services Act 2004 (WA), ss 79, 89, 93, 94
10. › State Administrative Tribunal Act 2004 (WA), ss 19, 27, 29
1. Administrative Law
2. › Judicial review
3. › Remedies
4. › Discretionary refusal of relief
5. › Futility
6. › Adequate alternative remedy
7. › Merits review in State Administrative Tribunal as alternative to judicial review
1. Administrative Law
2. › Child welfare
3. › Care placement arrangements
4. › Cancellation of placement
5. › Mandatory relevant considerations
6. › Failure to seek views of child
7. › Whether jurisdictional error
8. › Children and Community Services Act 2004 (WA), ss 7, 8, 10, 79
1. Appeal
2. › Standard of appellate review
3. › Appeal from discretionary decision
4. › Whether House v The King principles apply to refusal of declaratory relief in judicial review proceedings

Quick Take

Declaratory relief in judicial review proceedings may be refused on discretionary grounds where the impugned decision has been overtaken by subsequent decisions and a statutory merits review process provides a more satisfactory alternative remedy. The availability of SAT merits review under the Children and Community Services Act 2004 (WA) is a significant factor weighing against the grant of judicial review remedies, including declarations, in child welfare cases. The best interests of the child under s 7 of the Act is a relevant consideration in the exercise of the discretion to grant or refuse relief in judicial review proceedings concerning child welfare decisions.