Client contact sub files: Crown Law referrals, '10/120/ XXX' closed series - Department for Community Welfare and successors (GRS/10237)
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About this series
Access Determination
Whole of series: Records unrestricted after 100 years. D07/00285. Signed 12/01/2007;;Consignment 7: Records closed - legal professional privilege. D11/00020. Signed 21.09.2010."
Retention status
Permanent. RDS 2007/09 v1 & GDS 15 v7;;Previously: Permanent RDS2000/17v1: 2.2.13, 2.1.5
Description
The '10 120 XXX' series of files is the record of matters which were referred to Crown Solicitor for action or opinion. Most of the files relate to 'In Need of Care Child Protection' applications to the Juvenile Court (later retitled the Children's Court) where the application has been opposed by the parents. Where the matters have concluded in trials there are transcripts of the trials, some of considerable size.
The series also contains legal advice sought from the Crown with regard to defence claims against the Minister or the Department or to obtain a legal opinion in matters of controversy - eg; the sterilisation of a mentally defective child in the guardianship of the Minister.
The files contain correspondence between the Department and the Crown Solicitor, Application Reports, Assessment Panel reports and other supporting material such as medical, psychological and psychiatric reports, police statements, other witness statements and the Crown Solicitor's running sheets - essentially anything which may have been considered by Crown Law in support of the Department's application to the court, whether tendered as evidence or not.
Generally the files in the case of Child Protection applications were generated when there were indications that an application would be opposed. They were not generated if the application was done with the consent of the parents. The District Centre would request via Court Liaison, Crown law representation in a INOC (In Need of Care) case. For matters other than INOC, the District Centre sent requests for legal opinions through the Department of Community Welfare, later known as Family and Community Services.
For Child Protection applications to the Children's Court, later known as the Youth Court, '10/120/XXX' files have been replaced by 'Type 88' Crown Law files since about 1993/94. '10/120/XXX' files have the common CIS (Client Information System) multiple number with other CIS files relating to the client. A client can have a '10 120 XXX' file in existence for the initial application and subsequent applications up to 1993-94, and then for later applications a 'Type 88' file.
Since the operation of the Child Protection Act and the Youth Court Act the Department has been obliged to lodge all applications for Care and Protection matters through Crown Law.
Consignments 1 and 2 are arranged alphabetically by client name. Later consignments are arranged by three-tiered multiple number, all beginning with 10/120.
This series has been separated from the main run of Department of Community Welfare corporate files by the agency. See GRS4164.
Consignments in this series This series contains these consignments
See a list of units or boxes of records in this series that are available for viewing and/or ordering.