NCPA DIRECTIONS HEARING 1
National Child Protection
Alliance (‘NCPA’) v
Commonwealth of Australia
In late December 2015, the ITNJ accepted an application from the National Child Protection Alliance
(’NCPA’). The NCPA was seeking a declaration that
the Family Law Act 1975 (Cth) and its implementation via the Family Courts, the judiciary, the legal
system and law enforcement in Australia are in
direct breach of the United Nations Convention
on the Rights of the Child (‘UNCRC’). The NCPA
was also seeking a recommendation from the ITNJ
that legislative changes be made within Australia to
better recognise the rights of children.
A directions hearing for the matter of National
Child Protection Alliance (‘NCPA’) v Commonwealth
of Australia was held on Friday 12 February 2016 at
3PM (GMT+11), in Melbourne, Australia. Whilst
NCPA (the Applicant) had representatives personally attend the hearing, there were no appearances
for the Commonwealth of Australia (the Respondent). In fact, after NCPA’s application was served
onto the Commonwealth of Australia, the ITNJ
received correspondence on behalf of the Respondent
stating that the Respondent did not recognise the
ITNJ and as such, would not be participating in the
matter. Notwithstanding, the ITNJ will continue
to provide the Respondent with all relevant documents and orders, and the ITNJ still welcomes
the Respondent to later file a defence and/or make
an appearance.
The lack of any appearance on the part of the
Respondent did not hinder the progress of the matter. In fact, the directions hearing was successful in
confirming many details, including the remedies
sought by the Applicant, as well as the issues surrounding evidence. Although in its application,
NCPA sought a declaration that the Commonwealth of Australia (and its agents) were in breach
of Articles 9 and 24 of the UNCRC, at the directions
hearing, its representatives clarified that if after
hearing all the evidence, the ITNJ determines that
the Commonwealth of Australia is in breach of
any other Article of the UNCRC, the NCPA would
like a declaration to that effect. Also of particular
importance was the Applicant’s concern with the
privacy of its witnesses, which includes children
and mothers under court orders. It was crucial to
NCPA that measures be taken to protect the security of witnesses, especially given the sensitive nature
of the claims and the personal risks involved. Given
this, the ITNJ confirmed that, taking into account
individual circumstances, names and personal
information will be censored; names will be
changed and witnesses will be given pseudonyms;
and witnesses will be able to give viva voce evidence
behind a screen, or via audio-only recording.
Further, the representatives of NCPA participating
in the case are to remain anonymous. The ITNJ is
adding greater flexibility to the present matter to
adequately protect the rights of not just the Applicant, but of all parties.
Following discussions, orders were made at the
directions hearing, primarily requesting that
NCPA provide the ITNJ and the Commonwealth
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