Barnett v Secretary, Department of Communities and Justice

The High Court of Australia considered an appeal by Mr. Barnett against a decision of the Secretary of the Department of Communities and Justice. The dispute concerned the interpretation and application of provisions within the *Children and Young Persons (Care and Protection) Act 1998* (NSW) concerning the removal of a child from parental care and the subsequent obligations of the Secretary.

The central legal issue before the High Court was whether the Secretary had a continuing obligation to take reasonable steps to reunite a child with their parents, even after a period of out-of-home care had commenced and the child had been placed with a relative. Specifically, the Court had to determine the scope and duration of the Secretary's duty under section 83 of the *Act* and whether this duty was discharged by the initial placement of the child with a relative, or if it extended to actively facilitating reunification thereafter.

The High Court reasoned that the duty imposed by section 83 of the *Act* is a proactive and ongoing obligation. It held that the Secretary's obligation to take reasonable steps to reunite a child with their parents is not discharged merely by placing the child with a relative. Rather, the Secretary must continue to take reasonable steps to facilitate reunification, considering the specific circumstances of the case, including the child's best interests and the parents' capacity to care for the child. The Court emphasised that the statutory scheme contemplates a continuous process of assessment and action aimed at achieving reunification where it is in the child's best interests.

The High Court allowed the appeal, finding that the Secretary had failed to fulfil their ongoing duty under section 83 of the *Children and Young Persons (Care and Protection) Act 1998* (NSW). The matter was remitted to the Supreme Court of New South Wales for further consideration of the appropriate orders.