Re Kara (No 2) [2020] NSWSC 1148

Re Kara (No 2) [2020] NSWSC 1148

In light of Kara's history, the extreme risk of death she faced when admitted, her ongoing withdrawal and treatment needs, and the evidence from Dr Milne and others, it remained necessary and in Kara's best interests for orders 9, 10 and 11 made on 12 August 2020 to continue until further order. Because lack of contact with Ms P was causing Kara significant distress and treating staff had recommended supported contact, telephone contact with Ms P was required earlier than the plaintiffs first proposed. Since the plaintiffs no longer needed to withhold Kara's location from Ms P, location suppression orders were discharged. Identity suppression orders were replaced with time-limited orders...

Jurisdiction
Australia
Judgment Date
27 August 2020
Procedural Posture
Parens Patriae Proceedings Concerning Medical Treatment, Confinement and Suppression and Non Publication Orders for a Young Person / Review of Orders Made on 12 August 2020; Orders Made After Hearing on 26 August 2020
Outcome
Orders 9, 10 and 11 made on 12 August 2020 were continued. Orders were made facilitating initial telephone contact between Kara and Ms P. Earlier suppression and non-publication orders were discharged and replaced in part by time-limited identity suppression orders.
Legal Topics
['medical Treatment of a Young Person' 'confinement for Treatment' 'use of Reasonable Force or Restraints' 'contact Between Child and Parent' 'aboriginal Young Person Under Parental Responsibility of the Minister' 'disclosure of Location' 'protection of Identity']
['family and Child Welfare' 'equity' 'parens Patriae Jurisdiction' 'suppression and Non Publication Orders'] ['medical Treatment of a Young Person' 'confinement for Treatment' 'use of Reasonable Force or Restraints' 'contact Between Child and Parent' 'aboriginal Young Person Under Parental Responsibility of the Minister' 'disclosure of Location' 'protection of Identity']

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Procedural Posture

Parens Patriae Proceedings Concerning Medical Treatment, Confinement and Suppression and Non Publication Orders for a Young Person / Review of Orders Made on 12 August 2020; Orders Made After Hearing on 26 August 2020

Legal Issues

  1. 1 ["Whether orders previously made authorising Kara's confinement, medical treatment and reasonable restraint should continue." 'Whether orders should be made to facilitate contact between Kara and Ms P while Kara remains confined for treatment.' "Whether information about Kara's location should continue to be withheld from Ms P." "Whether suppression and non-publication orders concerning Kara's identity should be continued or varied."]

Ratio Decidendi

In light of Kara's history, the extreme risk of death she faced when admitted, her ongoing withdrawal and treatment needs, and the evidence from Dr Milne and others, it remained necessary and in Kara's best interests for orders 9, 10 and 11 made on 12 August 2020 to continue until further order. Because lack of contact with Ms P was causing Kara significant distress and treating staff had recommended supported contact, telephone contact with Ms P was required earlier than the plaintiffs first proposed. Since the plaintiffs no longer needed to withhold Kara's location from Ms P, location suppression orders were discharged. Identity suppression orders were replaced with time-limited orders...

Court Disposition

Orders 9, 10 and 11 made on 12 August 2020 were continued. Orders were made facilitating initial telephone contact between Kara and Ms P. Earlier suppression and non-publication orders were discharged and replaced in part by time-limited identity suppression orders.

Orders

  • ['Orders 9 and 10 made at 12.50pm on 12 August 2020, being orders made under the Court Suppression and Non-publication Orders Act 2010 (NSW) in relation to the identity of the first defendant, are discharged with immediate effect.' 'Until 30 September 2020, there be no publication or disclosure that would identify,...