The Criminal Cartel in Goulburn
- Category: NSW Law Society
- Created: Friday, 26 August 2016 14:46
- Written by Alecomm2
Lawyers in Goulburn who have been given the privelege of working on the "Children's Court Care and Protection Panel" have been caught working as a criminal Cartel. Children are being unlawfully seized by state child protection departments on Emergency Care and Protection Orders[i], meaning they are removed because the children are at risk of serious harm.
The law says : “A child who is subject to an ECPO is usually placed in the “care responsibility” of the Director-General, but another person may be allocated care responsibility. Unlike an interim care order, an ECPO and an extension of an ECPO are “final” orders. Once it is made, the proceedings are at an end and there can be no question of a further court date. Having made the ECPO, the magistrate is “functus officio”. There is no power to make contact or other orders.” [ii]
Once the kids are removed, the departments legal representative (in this case Robert Hoskins)[iii], has taken his time in filing the application in the courts, which is legally required to be done within three days of the children's removal. The childrens independent (if that's what you call it) legal representation (Alison Howarth),[iv] have not interviewed the children, nor did they seek to bring the matter to the attention of the presiding magistrate, of the departments failure to follow the law.
Furthermore, the two other solicitors it seems coerced the parents agree to "consent to establishment" and "consent to orders", which means the parents are agreeing that they do not have the capacity to look after their children, and agree that the kids should be taken into the care of the state.
Unfortunately, these aren't even matters that are required to be discussed at this point in time - as the only issue is Did the department have justification to warrant such drastic intervention into the family's lives and were the children really at Risk of Serious Harm, not were they at serious risk of harm.
So the question is ... what is the magistrate going to do on Monday when the case is actually being heard - even though the ECPO as expired, no orders have been or can be made as this is not your normal proceedings and is subject to entirely different rules. Will the magistrate do the right thing and make "Final Orders" as is required by law? Even though this should have happened well before now, and even though all parties have failed to abide by the legislation that applies when children are removed on Emergency Care and Protection Orders?