Secretary, Department Family and Community Services; Re “Lee” [2015] NSWSC 1276

Secretary, Department Family and Community Services; Re “Lee” [2015] NSWSC 1276

The Court determines that secure accommodation orders should not be discharged upon the child attaining 18 years unless a satisfactory replacement safety net is in place, because the guardianship order as presently constituted is inadequate to protect Lee due to her continuing incapacity and risk to herself.

Parties
First Plaintiff: Secretary, Department of Family and Community Services; Second Plaintiff: Minister for Family and Community Services; Subject Child: Lee; Guardian: Public Trustee
Jurisdiction
Australia
Judgment Date
02 September 2015
Procedural Posture
Child Welfare Proceedings / Interlocutory Order; Continuation of Secure Accommodation Orders
Outcome
Secure accommodation orders continued; proceedings adjourned for seven days for further consideration.
Legal Topics
Parens Patriae Jurisdiction, Secure Accommodation Orders, Guardianship, Parental Responsibility, Capacity and Transition to Adulthood
Family Law Child Welfare Equity Parens Patriae Jurisdiction Secure Accommodation Orders Guardianship Parental Responsibility Capacity and Transition to Adulthood

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Parties

Secretary, Department of Family and Community Services

First Plaintiff

Minister for Family and Community Services

Second Plaintiff

Lee

Subject Child

Public Trustee

Guardian

Procedural Posture

Child Welfare Proceedings / Interlocutory Order; Continuation of Secure Accommodation Orders

Legal Issues

  1. 1 Whether secure accommodation orders should continue upon child attaining 18 years
  2. 2 Adequacy of guardianship order as a safety net for care
  3. 3 Court's continuing jurisdiction

Ratio Decidendi

The Court determines that secure accommodation orders should not be discharged upon the child attaining 18 years unless a satisfactory replacement safety net is in place, because the guardianship order as presently constituted is inadequate to protect Lee due to her continuing incapacity and risk to herself.

Court Disposition

Secure accommodation orders continued; proceedings adjourned for seven days for further consideration.

Orders

  • Orders 1 and 2 made on 4 August 2015 continue until and including 9 September 2015.
  • The proceedings to be adjourned to 9 September 2015 at 9.45 before Brereton J.