Secretary, Department Family and Community Services; Re “Lee” [2015] NSWSC 2054

Secretary, Department Family and Community Services; Re “Lee” [2015] NSWSC 2054

It is appropriate to authorise the Secretary or nominee to detain and restrain Lee at the care placement using reasonable force if necessary, noting that such restraint or detention should not be routine but only as required to encourage engagement with staff and ensure welfare.

Jurisdiction
Australia
Judgment Date
28 April 2015
Procedural Posture
Family Law and Child Welfare / Interlocutory Orders
Outcome
Orders granted as sought, with conditions and directions for reporting and a future return date.
Legal Topics
['secure Accommodation Order' 'detention and Restraint of Child' 'parens Patriae Jurisdiction']
['family Law' 'child Welfare'] ['secure Accommodation Order' 'detention and Restraint of Child' 'parens Patriae Jurisdiction']

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Procedural Posture

Family Law and Child Welfare / Interlocutory Orders

Legal Issues

  1. 1 ['Whether Secretary should be authorised to detain and restrain Lee at care placement' "How to balance Lee's safety and her prospects for integration into the community" "Arrangements for Lee's legal status after turning 18"]

Ratio Decidendi

It is appropriate to authorise the Secretary or nominee to detain and restrain Lee at the care placement using reasonable force if necessary, noting that such restraint or detention should not be routine but only as required to encourage engagement with staff and ensure welfare.

Court Disposition

Orders granted as sought, with conditions and directions for reporting and a future return date.

Orders

  • ['Until 16 June 2015, Secretary or nominee may detain Lee at her placement using reasonable force if necessary.' 'Until 16 June 2015, staff may restrain Lee to prevent injury to herself or others, using reasonable force as necessary.' 'Proceedings adjourned to 16 June 2015 at 9.45 am before Brereton J.' "Secretary...