Re Kara (No 2) [2020] NSWSC 1148

Supreme Court New South Wales

Medium Neutral Citation: Re Kara (No 2) [2020] NSWSC 1148 Hearing dates: 26 August 2020 Date of orders: 26 August 2020 Decision date: 27 August 2020 Jurisdiction: Equity Before: Williams J Decision: Orders 9, 10 and 11 made on 12 August 2020 are continued. Orders made which facilitate initial contact between Kara and Ms P. Orders made under the Court Suppression and Non-publication Orders Act 2010 (NSW) on 12 August 2020 are discharged and, in lieu thereof, orders are made under that Act prohibiting the publication or disclosure of information that would identify, or tend to identify, the identity of Kara up until 30 September 2020. Catchwords: FAMILY AND CHILD WELFARE – parens patriae jurisdiction – Aboriginal young person under the parental responsibility of the Minister for all aspects except culture and religion – where orders previously made authorising medical treatment and confinement of the young person for the purposes of undertaking that treatment – where orders previously made prohibiting the disclosure or publication of the location of the young person – where young person's mother now aware of location of the young person – where young person seeks contact with mother whilst in confinement – whether it is appropriate to continue orders previously made for medical treatment and confinement of the young person – whether it is appropriate for orders to be made which facilitate contact between the young person and her mother Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), s 105, Pt 2 Div 1A of Ch 8 Court Suppression and Non-publication Orders Act 2010 (NSW) Cases Cited: DRJ v Commissioner of Victims Rights [2020] NSWCA 136 Re Kara [2020] NSWSC 1083 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: Mr G Moore (First and Second Plaintiffs) Ms K Kelso, solicitor (First Defendant)