Johnson v Director-General of Social Welfare (Vict)

The High Court of Australia considered an appeal from a decision of the Supreme Court of Victoria concerning the Director-General of Social Welfare (Victoria) and a Mr. Johnson. The dispute centred on the Director-General's purported exercise of powers under the *Social Welfare Act 1970* (Vic) to take into care a child, the subject of the proceedings. Mr. Johnson challenged the validity of the Director-General's actions.

The primary legal issue before the High Court was whether the Director-General had validly exercised the power to take the child into care under section 166(1) of the *Social Welfare Act 1970* (Vic). This involved determining whether the Director-General had formed the necessary belief, as required by the legislation, that the child was in need of protection. A further issue concerned the interpretation of the phrase "in need of protection" within the context of the Act.

The Court analysed the evidence before the Director-General at the time the decision was made. It was held that the Director-General must have a genuine belief, based on reasonable grounds, that the child is in need of protection. A belief formed without any factual basis or one that is merely a pretence would not suffice. The Court emphasised that the subjective belief of the Director-General must be objectively justifiable. The Court found that the Director-General had not discharged the onus of demonstrating that the belief required by section 166(1) had been formed.

Consequently, the High Court allowed the appeal, setting aside the order of the Supreme Court of Victoria and ordering that the Director-General's actions be declared invalid.