RT v CRO [No 3]

The appellants, RT, sought to appeal a decision of the Children's Court of New South Wales which resulted in their children being placed in the care of the Department of Family and Community Services until they reached the age of 18. The appellants argued that the Magistrate should have considered the possibility of committing the children for a lesser period. The appeal was heard in the Supreme Court of New South Wales.

The primary legal issue before the court was whether the Magistrate was required to consider the possibility of committing each child for a lesser period than 18 years of age. The appellants submitted that the Magistrate had not properly considered this issue, and that the order should be set aside and a lesser commitment period substituted. The respondents, the Department of Family and Community Services, argued that the Magistrate had correctly exercised their discretion and that the order should be upheld.

The court held that the Magistrate was not required to consider the possibility of committing each child for a lesser period. The court noted that the statutory framework provided the Magistrate with broad discretion in making orders for the care and protection of children. The court found that the Magistrate had properly exercised their discretion by considering all relevant factors, including the welfare of the children, and had made an order in the best interests of the children. The court held that the order should be upheld.

Accordingly, the appeal was dismissed and the order of the Children's Court was upheld. However, the court did make an order that each child be committed for a period of two years, rather than until they reached the age of 18.