Re Kara (No 3) [2020] NSWSC 1292

Re Kara (No 3) [2020] NSWSC 1292

On the basis of current medical and expert evidence, and having regard to the risks of relapse and Kara's complex needs, the serious interference with Kara's liberty through confinement in secure premises is necessary for her protection and welfare at this time. The orders are proportionate as they provide for community access subject to professional determination, preserving Kara's connections to family and culture, and ensure ongoing judicial review.

Jurisdiction
Australia
Judgment Date
22 September 2020
Procedural Posture
Application Under Parens Patriae Jurisdiction / Judgment on Application for Orders Authorising Secure Placement and Confinement
Outcome
Orders made authorising confinement of Kara to secure premises in New South Wales with permitted community access as determined by the Secretary, subject to ongoing review; prior non-publication orders varied; matter adjourned for further review.
Legal Topics
['parens Patriae Jurisdiction' 'secure Care Orders' 'confinement of Young Persons' 'aboriginal Child Welfare' 'medical Treatment Authorisation' 'supervision of Contact']
['family and Child Welfare' 'equity'] ['parens Patriae Jurisdiction' 'secure Care Orders' 'confinement of Young Persons' 'aboriginal Child Welfare' 'medical Treatment Authorisation' 'supervision of Contact']

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Procedural Posture

Application Under Parens Patriae Jurisdiction / Judgment on Application for Orders Authorising Secure Placement and Confinement

Legal Issues

  1. 1 ['Whether the Court should authorise the ongoing confinement of Kara, an Aboriginal young person, to secure premises for outpatient medical treatment and rehabilitation under its parens patriae jurisdiction' "Whether such confinement is necessary and proportionate for Kara's protection and welfare, including the promotion of her cultural needs and relationships"]

Ratio Decidendi

On the basis of current medical and expert evidence, and having regard to the risks of relapse and Kara's complex needs, the serious interference with Kara's liberty through confinement in secure premises is necessary for her protection and welfare at this time. The orders are proportionate as they provide for community access subject to professional determination, preserving Kara's connections to family and culture, and ensure ongoing judicial review.

Court Disposition

Orders made authorising confinement of Kara to secure premises in New South Wales with permitted community access as determined by the Secretary, subject to ongoing review; prior non-publication orders varied; matter adjourned for further review.

Orders

  • ['Order 1: Discharge with immediate effect Order 1 of the short minutes initialed and dated 11 September 2020 and included in the orders made on that date.' 'Order 2: Non-publication order until 30 September 2030 prohibiting identification of Kara except for specified purposes.' 'Order 3: Order 2 applies throughout...