Re Rosie [2022] NSWSC 1001

Re Rosie [2022] NSWSC 1001

On the evidence, including risk of self-harm, trauma, and lack of appropriate alternative placements, it is necessary and beneficial to Rosie’s welfare to make orders for her secure accommodation pending further assessment and therapeutic support despite the significant restriction on her liberty.

Jurisdiction
Australia
Judgment Date
25 July 2022
Procedural Posture
Application for Secure Accommodation Orders and Non Publication Suppression Order Under Parens Patriae Jurisdiction / Urgent Interlocutory Application, Ex Parte Orders Made
Outcome
Application granted; secure accommodation and associated orders made as sought with modifications
Legal Topics
['parens Patriae Jurisdiction' 'secure Accommodation Orders' 'children at Risk' 'non Publication Order']
['equity' 'child Welfare'] ['parens Patriae Jurisdiction' 'secure Accommodation Orders' 'children at Risk' 'non Publication Order']

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Procedural Posture

Application for Secure Accommodation Orders and Non Publication Suppression Order Under Parens Patriae Jurisdiction / Urgent Interlocutory Application, Ex Parte Orders Made

Legal Issues

  1. 1 ['Whether secure accommodation orders should be made for a child at risk upon release from custody' "Whether non-publication and suppression orders should be made regarding the child's identity"]

Ratio Decidendi

On the evidence, including risk of self-harm, trauma, and lack of appropriate alternative placements, it is necessary and beneficial to Rosie’s welfare to make orders for her secure accommodation pending further assessment and therapeutic support despite the significant restriction on her liberty.

Court Disposition

Application granted; secure accommodation and associated orders made as sought with modifications

Orders

  • ['Notice of Motion returnable instanter' 'Heard ex parte' 'Proceedings in closed court' 'Leave to file Summons out of time' 'Time for service abridged to 5pm on 25 July 2022 and may be by email' "Proceedings to be known as 'Re Rosie', identity details suppressed" 'Rosie to be separately represented, Legal Aid NSW...