New court proceedings

Any decision to initiate new care proceedings (section 61) or re-open (section 90) proceedings in the Children’s Court is made by the Department in consultation with a PSP provider. However, a child, their parents, family/kin or person with an interest in the welfare of the child can apply to re-open proceedings. Parties to proceedings have a right to appeal a final order (section 91). Parties have 28 days from the date of the final order to lodge an appeal.

The Department is always a party to court proceedings and appeals of final orders.

The Department provides a PSP provider with information about new or re-opened court proceedings or appeals. The Department provides the information to the provider as soon as it is available, when possible, prior to the matter being listed in court.

Last updated:

10 Feb 2023

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We acknowledge Aboriginal people as the First Nations Peoples of NSW and pay our respects to Elders past, present, and future. 

Informed by lessons of the past, Department of Communities and Justice is improving how we work with Aboriginal people and communities. We listen and learn from the knowledge, strength and resilience of Stolen Generations Survivors, Aboriginal Elders and Aboriginal communities.

You can access our apology to the Stolen Generations.

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