STJ v Chief Executive, Department of Child Safety, Youth and Women

The applicant, STJ, sought the discharge of an adoption order made in 1973, when he was adopted by his stepfather. The stepfather, who had been a source of physical, sexual and emotional abuse, had passed away. The application was brought before the court to address the lasting trauma and mental health issues resulting from the abuse. The court had to determine whether the adoption order should be discharged, considering the applicant's suffering and the expert evidence suggesting that such a discharge would benefit his mental health.

The primary legal issue before the court was whether the adoption order should be discharged. This required an examination of the legislation governing adoptions and child welfare, specifically focusing on the criteria and discretion available to the court in such circumstances. The court needed to weigh the applicant's best interests and mental health against the statutory framework and the implications of discharging an adoption order.

The court examined the evidence and concluded that the adoption had caused significant and enduring harm to the applicant, both physically and mentally. It found that discharging the adoption order would be in the applicant's best interests and likely to improve his mental health. The court noted the expert evidence and the applicant's testimony, concluding that the statutory criteria for discharge were met. Consequently, the court granted the application and discharged the adoption order, recognising the profound impact of the abuse and the need to address the applicant's ongoing welfare.