Re Kara (No 3) [2020] NSWSC 1292

Supreme Court New South Wales

Medium Neutral Citation: Re Kara (No 3) [2020] NSWSC 1292 Hearing dates: 21 September 2020 Date of orders: 22 September 2020 Decision date: 22 September 2020 Jurisdiction: Equity Before: Williams J Decision: The Court authorises the confinement of the young person known as "Kara" to secure premises located in New South Wales until further order of the Court, subject to that young person having access to and interacting with the community outside the secure premises to the extent determined from time to time by the Secretary of the Department of Communities and Justice (or his or her nominee) following consultation with the operator of the secure premises. 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 as an inpatient in a medical facility for the purposes of undertaking that treatment – where orders now sought to authorise the confinement of the young person to secure premises outside the medical facility for the purposes of continuing medical treatment as an outpatient and rehabilitation and recovery and to protect the young person from risk to their safety – whether it is appropriate to make such orders – appropriate to make orders subject to ongoing review by the Court Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), s 135 Children and Young Persons (Care and Protection) Regulation 2012 (NSW), cl 48 Children's Guardian Act 2019 (NSW), s 72 Cases Cited: Re Kara [2020] NSWSC 1083 Re Kara (No 2) [2020] NSWSC 1148 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)