Habeas corpus is not available in respect of a child lawfully in the care of the Secretary pursuant to valid protection orders under the Children, Youth and Families Act 2005 (Vic), where the child is not detained or in custody. The existence of unexercised statutory rights of appeal and review under the Act provides an independent basis for refusing habeas corpus. The subsequent making of a Care by Secretary Order provides a further barrier to relief.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.