Re Kara (No. 7) [2021] NSWSC 22

Re Kara (No. 7) [2021] NSWSC 22

Given Kara's risk of harm, history of absconding, and clinical need for therapeutic intervention, the evidence supports orders authorising her secure confinement—initially for detoxification and then at Sherwood House—with provision for parental contact, under parens patriae jurisdiction.

Parties
First Plaintiff: Secretary, Department of Communities and Justice; Second Plaintiff: Minister for Communities, Families and Disability Services; First Defendant: Kara; Second Defendant: Ms P
Jurisdiction
Australia
Judgment Date
27 January 2021
Procedural Posture
Care Proceedings / Consequential Orders After Prior Judgments
Outcome
Orders made for recovery and secure confinement of Kara for medical treatment and rehabilitation.
Legal Topics
Parens Patriae Jurisdiction, Confinement of Child for Medical Treatment, Secure Accommodation Orders, Aboriginal Child Welfare
Child Welfare Equity Parens Patriae Jurisdiction Confinement of Child for Medical Treatment Secure Accommodation Orders Aboriginal Child Welfare

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Secretary, Department of Communities and Justice

First Plaintiff

Minister for Communities, Families and Disability Services

Second Plaintiff

Kara

First Defendant

Ms P

Second Defendant

Procedural Posture

Care Proceedings / Consequential Orders After Prior Judgments

Legal Issues

  1. 1 Whether a secure accommodation order should be made placing Kara at Sherwood House
  2. 2 Whether confinement and use of reasonable force are in Kara's best interests
  3. 3 Process for safe detoxification and transition to Sherwood House

Ratio Decidendi

Given Kara's risk of harm, history of absconding, and clinical need for therapeutic intervention, the evidence supports orders authorising her secure confinement—initially for detoxification and then at Sherwood House—with provision for parental contact, under parens patriae jurisdiction.

Court Disposition

Orders made for recovery and secure confinement of Kara for medical treatment and rehabilitation.

Orders

  • Proceedings listed before Williams J on 29 January 2021.
  • Order 2 made on 16 October 2020 continues.