ELLISON & MALLICK

In the Family Court of Australia, Justice Hannam considered an application by the Department of Communities and Justice (the Department) for the release of a single expert report concerning allegations of sexual abuse against the youngest child. The report was prepared by Dr G and dated 28 October 2019. The Department sought to provide this report to the Commissioner of the New South Wales Police and the New South Wales Director of Public Prosecutions.

The court was required to determine whether it was appropriate to release the single expert report to law enforcement and prosecuting authorities, and whether to suspend the father's contact with the children. The proceedings involved allegations that the father had sexually abused the youngest child, and that younger children had engaged in sexualised behaviour. Parental responsibility for the children had been allocated to the Minister of the Department.

Justice Hannam reasoned that it was appropriate to release the report to the relevant authorities given the serious nature of the allegations and the Department's ongoing investigation into the reported sexualised behaviour. The court applied principles relating to the disclosure of information to proper authorities when child protection concerns are raised. The court also made an interim order suspending the father's contact with the children until 31 March 2020, pending the outcome of the Department's assessment of a Risk of Harm report.