FINAL REPORT ON NATIONAL CHILD
ITNJ Case 2015-02-NCPA: National
Child Protection Alliance ('NCPA')
v Commonwealth of Australiaa
What follows is a chronological presentation of
all documents, press releases and official video
recordings related to the second case of the ITNJ,
National Child Protection Alliance (‘NCPA’)
v Commonwealth of Australia [Case 2015-02NCPA], which has now been closed.
In late December 2015, the ITNJ accepted a formal
application from the National Child Protection
Alliance (’NCPA’), which was seeking a declaration
that the Australian Family Law Act 1975 (Cth)
and its implementation via the Family Courts, the
judiciary, the legal system and law enforcement 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. The
Respondent in this matter was the Commonwealth
of Australia.
13 October 2015
An internal proposal document was developed by
un-named NCPA staff or volunteers to assist NCPA
leadership in deciding whether to go forward with
bringing this case to the ITNJ. Their Proposal document
is dated 13 October 2015, and can be found on the
NCPA website. ITNJ staff have posted a backup copy
on the ITNJ website.
18 December 2015
Leadership of the NCPA submitted their initial
application to bring this case before the ITNJ, and at
that time they made it known that several witnesses
required protection of their privacy and identity.
The original application from the NCPA is posted here,
with names redacted.
12 February 2016
A Directions Hearing in the matter of National Child
Protection Alliance (‘NCPA’) v Commonwealth of
Australia was held on 12 February 2016. Because of the
need for identity protection for several of the witnesses,
the NCPA leadership requested privacy for their directions hearing. Therefore, a recording and transcript were
made for the official record of the ITNJ, but were not
published. Only a summary of the directions hearing
was published.
The respondent, the Commonwealth of Australia, had
been notified of the date, time, and location of the directions hearing, and the nature of the matter, and the nature
of the remedies sought, and had replied via email that they
had received notice of the hearing, and would not attend
because they did not recognize the International Tribunal
for Natural Justice. They were invited to send an observer
to the proceedings in an unofficial capacity, and though
no-one appeared officially or unofficially to represent the
Commonwealth of Australia, the hearing went forward.
During the hearing, NCPA legal counsel asked that a trial
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