Director-General, Department of Human Services; in Re: "Thomas2" [2011] NSWSC 403

Director-General, Department of Human Services; in Re: "Thomas2" [2011] NSWSC 403

Because Thomas had attained 18 years of age and the Guardianship Tribunal had made a guardianship order appointing the Public Guardian with functions covering access, accommodation, health, medical and dental consent, restrictive practices and services, the Tribunal's orders effectively superseded the Court's secure accommodation and restraint order. It was therefore appropriate to discharge the Court's existing orders and leave further management to the Guardianship Tribunal.

Jurisdiction
Australia
Judgment Date
28 March 2011
Procedural Posture
Parens Patriae Proceedings Concerning Secure Accommodation and Restraint Order in Respect of a Child / Review and Discharge After Guardianship Order Made by Guardianship Tribunal and Child Attained 18 Years of Age
Outcome
Secure accommodation and restraint order discharged; proceedings otherwise dismissed.
Legal Topics
['parens Patriae Jurisdiction' 'secure Accommodation and Restraint Order' 'guardianship Order' 'restrictive Practices' 'child Attaining 18 Years of Age']
['children' 'guardianship' 'equity'] ['parens Patriae Jurisdiction' 'secure Accommodation and Restraint Order' 'guardianship Order' 'restrictive Practices' 'child Attaining 18 Years of Age']

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Procedural Posture

Parens Patriae Proceedings Concerning Secure Accommodation and Restraint Order in Respect of a Child / Review and Discharge After Guardianship Order Made by Guardianship Tribunal and Child Attained 18 Years of Age

Legal Issues

  1. 1 ["Whether the Court's secure accommodation and restraint order should continue after Thomas attained 18 years of age." "Whether the guardianship order made by the Guardianship Tribunal superseded the Court's orders."]

Ratio Decidendi

Because Thomas had attained 18 years of age and the Guardianship Tribunal had made a guardianship order appointing the Public Guardian with functions covering access, accommodation, health, medical and dental consent, restrictive practices and services, the Tribunal's orders effectively superseded the Court's secure accommodation and restraint order. It was therefore appropriate to discharge the Court's existing orders and leave further management to the Guardianship Tribunal.

Court Disposition

Secure accommodation and restraint order discharged; proceedings otherwise dismissed.

Orders

  • ['I discharge the orders made on 9 December 2010.' 'I order that the proceedings be otherwise dismissed.']