SL v Secretary, Department of Family and Community Services

The applicants, SL and another, sought judicial review of a decision of the District Court of New South Wales, which had dismissed their appeal from an order made by the Children’s Court. The Children’s Court had made a final order conferring parental responsibility for a child on the maternal grandparents until the child attained the age of 18 years. The dispute concerned the care and protection of the child, where the mechanism of the child's injuries remained unexplained and there was no realistic possibility of the child's restoration to the parents.

The primary legal issues before the Court of Appeal were whether there was an error of law on the face of the record or jurisdictional error by the District Court, and whether the District Court had applied the correct provisions of the *Children and Young Persons (Care and Protection) Act 1998* (NSW). Relatedly, the court considered whether the amended legislation applied to the case, specifically concerning the accrual of rights and liabilities under pre-amendment legislation for the purposes of s 30 of the *Interpretation Act 1987* (NSW), and whether a child incapable of giving instructions should be a party to proceedings under s 98A of the *Children and Young Persons (Care and Protection) Act 1998* (NSW). The meaning of "new hearing" in s 91 of the *Children and Young Persons (Care and Protection) Act 1998* (NSW) was also a point of consideration.

The Court of Appeal dismissed the application for leave to appeal and the amended summons seeking review of the District Court's judgment. The court found no error of law on the face of the record or jurisdictional error. It was held that the District Court had correctly applied the relevant provisions of the *Children and Young Persons (Care and Protection) Act 1998* (NSW), including the application of amended legislation and the principles regarding the joinder of a child as a party. The court also determined that the District Court had correctly interpreted the meaning of "new hearing" in the context of the appeal.

Consequently, the application for leave to appeal and the amended summons were dismissed. The applicants were ordered to pay the costs of the Secretary, Department of Family and Community Services, in the Court of Appeal.