Re Kara (No 5) [2020] NSWSC 1462

Supreme Court New South Wales

Medium Neutral Citation: Re Kara (No 5) [2020] NSWSC 1462 Hearing dates: 21 October 2020 Date of orders: 21 October 2020 Decision date: 21 October 2020 Jurisdiction: Equity Before: Williams J Decision: Continuation of previous orders authorising 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 previously made authorising the confinement of the young person to secure premises outside the medical facility after discharge from 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 – where young person has frequently absconded from the secure premises – whether appropriate to continue the previous orders – appropriate to continue previous orders subject to ongoing review by the Court Cases Cited: Re Kara [2020] NSWSC 1083 Re Kara (No 2) [2020] NSWSC 1148 Re Kara (No 3) [2020] NSWSC 1292 Re Kara (No 4) (Supreme Court of New South Wales, Rees J, 16 October 2020) 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)