Re Kara [2020] NSWSC 1083

Re Kara [2020] NSWSC 1083

The orders were necessary and in Kara's best interests because the evidence established that she was at very high risk of premature death from drug misuse and associated sexual exploitation, voluntary rehabilitation had failed and had no realistic prospect of success, 24 hour one-on-one care had not protected her, no less restrictive viable treatment options were available, and confinement in a secure medical facility for medically supervised detoxification and treatment was the only option left to protect her from serious harm or death and promote her welfare.

Jurisdiction
Australia
Judgment Date
17 August 2020
Procedural Posture
Urgent Application in the Court's Parens Patriae Jurisdiction and Statutory Jurisdiction Under Part Vii, Division 8 of the Family Law Act 1975 (cth) / Principal Judgment; Reasons for Orders Made on 12 August 2020
Outcome
Parens patriae jurisdiction invoked. The Court authorised the medical treatment of Kara and authorised her conveyance and confinement to one of two specified medical facilities for the purposes of undertaking such medical treatment.
Legal Topics
['authorisation of Medical Treatment for a Child' 'conveyance and Confinement of a Child to a Medical Facility' 'substance Use Disorder and Detoxification' 'best Interests of the Child' 'aboriginal Child Under Parental Responsibility of the Minister' 'deprivation of Liberty of a Child']
['family and Child Welfare' 'parens Patriae' 'child Protection' 'medical Treatment'] ['authorisation of Medical Treatment for a Child' 'conveyance and Confinement of a Child to a Medical Facility' 'substance Use Disorder and Detoxification' 'best Interests of the Child' 'aboriginal Child Under Parental Responsibility of the Minister' 'deprivation of Liberty of a Child']

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Procedural Posture

Urgent Application in the Court's Parens Patriae Jurisdiction and Statutory Jurisdiction Under Part Vii, Division 8 of the Family Law Act 1975 (cth) / Principal Judgment; Reasons for Orders Made on 12 August 2020

Legal Issues

  1. 1 ["Whether the Court should exercise its parens patriae jurisdiction to authorise Kara's conveyance to and confinement in a secure medical facility for detoxification and withdrawal treatment." "Whether the proposed medical treatment and confinement were necessary and in Kara's best interests, despite the serious interference with her liberty." 'Whether statutory powers under Part VII, Division 8 of the Family Law Act 1975 (Cth), cross-vested in the Court, should be used to authorise recovery and delivery of Kara if necessary.']

Ratio Decidendi

The orders were necessary and in Kara's best interests because the evidence established that she was at very high risk of premature death from drug misuse and associated sexual exploitation, voluntary rehabilitation had failed and had no realistic prospect of success, 24 hour one-on-one care had not protected her, no less restrictive viable treatment options were available, and confinement in a secure medical facility for medically supervised detoxification and treatment was the only option left to protect her from serious harm or death and promote her welfare.

Court Disposition

Parens patriae jurisdiction invoked. The Court authorised the medical treatment of Kara and authorised her conveyance and confinement to one of two specified medical facilities for the purposes of undertaking such medical treatment.

Orders

  • ['Until further order, the Court authorises the confinement of the young person known as "Kara" to or, if she leaves the premises, her return to the [Hospital] or [Hospital], for the purpose of the treatment referred to in Order 10 and authorises the use of reasonable force if necessary to confine or return her to...