Re Kara [2020] NSWSC 1083

Supreme Court New South Wales

Medium Neutral Citation: Re Kara [2020] NSWSC 1083 Hearing dates: 12 August 2020 Date of orders: 12 August 2020 Decision date: 17 August 2020 Jurisdiction: Equity - Duty List Before: Williams J Decision: Parens patriae jurisdiction invoked. The Court authorises the medical treatment of a child, and authorises the conveyance and confinement of that child to one of two specified medical facilities for the purposes of undertaking such medical treatment. Catchwords: FAMILY AND CHILD WELFARE – parens patriae jurisdiction – Aboriginal child under the parental responsibility of the Minister for all aspects except culture and religion – where child has extensive history of drug use, sexual abuse and exploitation as well as mental health problems – where child has unsuccessfully attempted several voluntary programs to treat her drug abuse and mental health problems – where proposed treatment plan seeks to confine child to medical facility in order for the child to undertake detoxification program – where medical evidence that child's drug use is extreme and inconsistent with survival in the immediate foreseeable future – where no treatment options involving less interference with the child's liberty are available and viable in the circumstances – medical treatment and confinement of child authorised Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), s 79 Family Law Act 1975 (Cth), ss 67Q, 67R, 67S, 67T, 67U, 67V, 67W, 67X, 67Y Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), s 4 United Nations, Convention on the Rights of the Child (2 September 1990), Article 37 Cases Cited: Re Jules (2008) 40 Fam LR 122; [2008] NSWSC 1193 Re Thomas (2009) 41 Fam LR 220; [2009] NSWSC 217 Secretary, Department of Health and Community Services v JWB and SMB (Marion's Case) (1992) 175 CLR 218 Category: Principal judgment Parties: Secretary, Department of Communities and Justice (First Plaintiff) Minister for Communities, Families and Disability Services (Second Plaintiff) Kara (First Defendant) Ms P (Second Defendant) Representation: Counsel: Ms K Shea (First and Second Plaintiffs) Ms K Kelso, solicitor (First Defendant)