Victorian department's secrecy bid over how it manages 12yo girl involved in Melbourne killing
The former Victorian children's commissioner last year made a scathing assessment of the girl's care before the killing, saying she had been "failed" by the system designed to keep her safe.
The girl, known by the pseudonym WD, had run away from state care hundreds of times and was "sexually exploited" in the lead-up to the fatal stabbing of the 37-year-old woman in 2023.
WD's murder charge was eventually dropped, because prosecutors could not prove the 12-year-old had the mental capacity to be criminally responsible for her actions.
The girl is being held in a "secure residence" where she is supposed to receive education and ongoing medical treatment with a view to her eventual release.
On Tuesday, lawyers for the Department of Families, Fairness and Housing fronted Victoria's Supreme Court, asking for all court documents related to WD's care to be kept "confidential" and for the public and media to be shut out of the courtroom.
The secretary's barrister, Joanna Davidson, said the department was also seeking a new court-ordered pseudonym, because "it's known that WD is the girl who was charged with a murder".
Ms Davidson said the girl had "significant mental health issues" and a closed court was "necessary to protect her interests".
However, Justice James Elliott decided to keep the court open for Tuesday's hearing, but is yet to rule on whether future hearings will be conducted in closed court.
"It will take some convincing to say, well, how this child should be dealt with by the state should just become a secret," he said.
Barrister Albert Dinelli, representing the Commission for Children and Young People, called on the judge to keep the court open, in line with the legal principle of open justice.
In 2023, Justice Elliott rejected a closed court and suppression application by the department, who wanted to prevent media reporting of key aspects of WD's criminal case.
On Tuesday, the judge said he was concerned a teacher had not been appointed for the girl.
"How that happened I don't know, why that happened I don't know," he said.
According to court documents released in June, the girl's stay at the secure residence has been marred with problems.
Current children's commissioner Meena Singh wrote that two of WD's male foster carers were stood down for allegedly bullying the girl and calling her stupid, in incidents she managed to secretly record.
"To hear two men arguing with and belittling WD is very distressing and there is no excuse for their behaviours," Ms Singh wrote.
"Overall, I hold significant concern for WD's treatment. I say this because I think that there has been insufficient focus on fostering and supporting WD's journey to recovery."
A lawyer representing the teenage girl said a conversation he had with her last week reflected "a loss of faith and trust in the system".
Last year, former commissioner Liana Buchanan tabled a report to state parliament, saying an investigation into WD's care "exposed some of the most profound service system failures I have seen".
"WD's case is a tragic example of how Victoria's most vulnerable children can be failed by the systems designed to protect and support them," she wrote.
Justice Elliott adjourned the case until next Thursday after requesting more information from the parties.
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