Bell-Collins Children v Secretary, Department of Family and Community Services

The case of Bell-Collins Children v Secretary, Department of Family and Community Services involved the great-grandparents of two children seeking to join ongoing proceedings concerning the children’s welfare. The Secretary of the Department of Family and Community Services opposed the application. The dispute was ultimately determined by the Family Court of Australia.

The court was required to decide whether the great-grandparents had a genuine concern for the safety, welfare and well-being of the children, as required by section 87(3) of the Children and Young Persons (Care and Protection) Act 1998. Additionally, the court needed to determine the appropriate distinction between sections 87 and 98 of the Act, and whether the court should exercise its discretion to allow the great-grandparents to appear in the proceedings and cross-examine witnesses.

The court examined the relationship between the great-grandparents and the children, finding that the great-grandparents had a close and significant relationship with the children, which demonstrated a genuine concern for their welfare. The court acknowledged that the distinction between sections 87 and 98 of the Act was important, but ultimately found that the great-grandparents' interest in the proceedings was sufficient to warrant their joinder. The court exercised its discretion under section 87(3) of the Act, and made an order to join the great-grandparents to the proceedings on certain terms.

The court's final orders included terms that the great-grandparents could appear in the proceedings and cross-examine witnesses, but only to the extent necessary to protect the children's welfare. The court also imposed restrictions on the disclosure of sensitive information and required the great-grandparents to abide by certain confidentiality obligations.