Secretary, Department of Human Services v Sanding

The case of Sanding involved the Secretary of the Department of Human Services and the mother of four Aboriginal children who had been placed separately in non-Aboriginal out-of-home care. The mother applied for the revocation of the custody orders, arguing that there was an error of law when the court made the decision on the first mention day. The Children's Court of Victoria was tasked with determining whether the court had acted within its procedural discretion and whether it had contravened the principles of natural justice.

The legal issues before the court centred on whether the court had acted within its procedural discretion when it relied on information in disposition reports and bar table submissions made on the first mention day, without holding a submissions contest hearing. The mother argued that this approach was contrary to natural justice and that the court should have required formal evidence before making the decision. The court had to decide whether the new and dispositive information that emerged warranted a formal hearing and if the court's approach was appropriate given the context of specialist courts and tribunals.

In determining the matter, the court considered the principles of procedural fairness and the discretion afforded to specialist courts and tribunals. The court noted that there was no serious dispute about the facts and that the information presented was new and dispositive. The court held that it had acted within its procedural discretion and that it had not contravened the principles of natural justice. The court found that a formal hearing was not necessary given the context and the information available. The appeal was dismissed, and the custody orders were upheld.

The final orders of the court were that the appeal was dismissed, and the custody orders placing the four Aboriginal children in non-Aboriginal out-of-home care were upheld. The court's decision was based on the discretion afforded to specialist courts and tribunals and the principles of procedural fairness. The mother's application for the revocation of the custody orders was denied.