Re Elliott [2018] NSWSC 679

Re Elliott [2018] NSWSC 679

Given the evidence that Elliott poses a serious risk to the community, that appropriate alternatives are lacking, and that secure accommodation offers a real prospect of stabilization and recovery, orders for secure accommodation are justified under the parens patriae jurisdiction.

Parties
First Plaintiff: Secretary, Department of Family; Second Plaintiff: Community Services and Minister for Family and Community Services
Jurisdiction
Australia
Judgment Date
09 May 2018
Procedural Posture
Application for Secure Accommodation Orders / Judgment and Orders at First Instance
Outcome
Orders made for secure accommodation and ancillary matters as per short minutes of order.
Legal Topics
Parens Patriae Jurisdiction, Secure Accommodation Orders, Limitation of Personal Liberty, Risk of Harm to Child, Out of Home Care
Equity Child Law Parens Patriae Jurisdiction Secure Accommodation Orders Limitation of Personal Liberty Risk of Harm to Child Out of Home Care

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Parties

Secretary, Department of Family

First Plaintiff

Community Services and Minister for Family and Community Services

Second Plaintiff

Procedural Posture

Application for Secure Accommodation Orders / Judgment and Orders at First Instance

Legal Issues

  1. 1 Whether secure accommodation orders should be made for Elliott under the court's parens patriae jurisdiction
  2. 2 Whether there are appropriate alternatives to secure accommodation for Elliott

Ratio Decidendi

Given the evidence that Elliott poses a serious risk to the community, that appropriate alternatives are lacking, and that secure accommodation offers a real prospect of stabilization and recovery, orders for secure accommodation are justified under the parens patriae jurisdiction.

Court Disposition

Orders made for secure accommodation and ancillary matters as per short minutes of order.

Orders

  • Orders in accordance with paragraphs 1 to 18 as amended in the short minutes of order, initialled by the judge and dated 09 May 2018.