Re Kara (No 6) [2020] NSWSC 1857

Re Kara (No 6) [2020] NSWSC 1857

It is necessary to continue the existing orders authorising Kara's confinement to secure premises for the protection and promotion of her welfare, as no alternative placement capable of meeting her complex needs is immediately available, and discharge of the orders would expose her to extreme risks to her safety. The appointment of an independent legal representative is appropriate and the requirement for a tutor is dispensed with given the adequacy of current representation.

Jurisdiction
Australia
Judgment Date
17 December 2020
Procedural Posture
Parens Patriae Protective Proceeding / Ongoing Review of Orders Authorising Confinement of Young Person
Outcome
Continuation of previous orders; no change to confinement and recovery orders; confirmation of independent legal representation; dispensation with requirement for a tutor
Legal Topics
['parens Patriae Jurisdiction' 'confinement of Minors' 'aboriginal Child Welfare' 'medical Treatment of Minors' 'tutorship and Legal Representation']
['family Law' 'child Welfare' 'equity'] ['parens Patriae Jurisdiction' 'confinement of Minors' 'aboriginal Child Welfare' 'medical Treatment of Minors' 'tutorship and Legal Representation']

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Procedural Posture

Parens Patriae Protective Proceeding / Ongoing Review of Orders Authorising Confinement of Young Person

Legal Issues

  1. 1 ['Whether to continue orders authorising the confinement of a young person to secure premises for protective purposes' 'Whether alternative placements or rehabilitation programs are suitable and available' 'Whether the appointment of an independent legal representative should continue and whether a tutor is required for the young person']

Ratio Decidendi

It is necessary to continue the existing orders authorising Kara's confinement to secure premises for the protection and promotion of her welfare, as no alternative placement capable of meeting her complex needs is immediately available, and discharge of the orders would expose her to extreme risks to her safety. The appointment of an independent legal representative is appropriate and the requirement for a tutor is dispensed with given the adequacy of current representation.

Court Disposition

Continuation of previous orders; no change to confinement and recovery orders; confirmation of independent legal representation; dispensation with requirement for a tutor

Orders

  • ['Orders authorising the confinement of Kara to secure premises located in New South Wales to continue until further order of the Court for protective purposes as previously specified' 'Ms K Kelso of Legal Aid NSW confirmed as independent legal representative for Kara until further order' 'Dispensation with...