Re Jerry [2018] NSWSC 2006

Re Jerry [2018] NSWSC 2006

The orders were justified because Jerry presented a risk to himself and others, alternative safe accommodation and trained carers were not yet ready, Sherwood House had a place for him and he appeared to be settled there, and the Court's parens patriae jurisdiction empowered the making of secure accommodation orders pending further review or variation.

Jurisdiction
Australia
Judgment Date
21 December 2018
Procedural Posture
Application for Secure Accommodation Orders / Procedural and Other Ruling; Interim Basis
Outcome
Secure accommodation orders made.
Legal Topics
['parens Patriae Jurisdiction' 'secure Accommodation Orders' 'risk of Self Harm' 'child Welfare']
['children' 'equity'] ['parens Patriae Jurisdiction' 'secure Accommodation Orders' 'risk of Self Harm' 'child Welfare']

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Procedural Posture

Application for Secure Accommodation Orders / Procedural and Other Ruling; Interim Basis

Legal Issues

  1. 1 ['Whether the Court should make secure accommodation orders for Jerry under its parens patriae jurisdiction.' 'Whether the evidence justified secure accommodation on an interim basis until alternative accommodation and trained carers were available.']

Ratio Decidendi

The orders were justified because Jerry presented a risk to himself and others, alternative safe accommodation and trained carers were not yet ready, Sherwood House had a place for him and he appeared to be settled there, and the Court's parens patriae jurisdiction empowered the making of secure accommodation orders pending further review or variation.

Court Disposition

Secure accommodation orders made.

Orders

  • ['Secure accommodation orders made in the form of paragraphs 1 to 10 of the short minutes of order.' "Leave to apply on 24 hours' notice." 'Usual orders for reporting and the like.' 'Order for entry forthwith.']