Re Miki [2022] NSWSC 1550

Re Miki [2022] NSWSC 1550

Given Miki's chronic self-harming, suicidal ideation, risk-taking and sexually vulnerable behaviour, recent assaults and hospitalisations, and complex care needs that could not presently be safely met in ordinary out-of-home care, the proposed interference with her liberty through secure accommodation was necessary and likely beneficial for her welfare. The non-publication order was also appropriate to protect her identity.

Jurisdiction
Australia
Judgment Date
10 November 2022
Procedural Posture
Urgent Application Under the Court's Parens Patriae Jurisdiction for Secure Accommodation Orders, Non Publication Suppression Orders and Other Orders Concerning a Child / Ex Parte Summons and Notice of Motion Heard Instanter; Ex Tempore Judgment
Outcome
Secure accommodation orders and non-publication orders made.
Legal Topics
['secure Accommodation Orders' 'non Publication Orders' 'child Protection' 'restraint of Liberty' 'self Harming Behaviour' 'risk of Sexual Abuse']
['child Welfare' 'equity' 'parens Patriae'] ['secure Accommodation Orders' 'non Publication Orders' 'child Protection' 'restraint of Liberty' 'self Harming Behaviour' 'risk of Sexual Abuse']

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Procedural Posture

Urgent Application Under the Court's Parens Patriae Jurisdiction for Secure Accommodation Orders, Non Publication Suppression Orders and Other Orders Concerning a Child / Ex Parte Summons and Notice of Motion Heard Instanter; Ex Tempore Judgment

Legal Issues

  1. 1 ["Whether secure accommodation orders should be made under the Court's parens patriae jurisdiction for a 13 year old child with complex care needs, chronic self-harming behaviour and significant risk of sexual abuse." 'Whether a non-publication order should be made, and for what duration, to protect information identifying the child.']

Ratio Decidendi

Given Miki's chronic self-harming, suicidal ideation, risk-taking and sexually vulnerable behaviour, recent assaults and hospitalisations, and complex care needs that could not presently be safely met in ordinary out-of-home care, the proposed interference with her liberty through secure accommodation was necessary and likely beneficial for her welfare. The non-publication order was also appropriate to protect her identity.

Court Disposition

Secure accommodation orders and non-publication orders made.

Orders

  • ['The proceedings be heard in a closed court.' 'The plaintiffs have leave to file the Summons dated 9 November 2022, Notice of Motion and Affidavit of Dana McLay affirmed 9 November 2022 in Court.' 'The Summons and Notice of Motion be returnable instanter before Meek J and heard ex parte.' 'The child be separately...