Re Neil [2021] NSWSC 446

Supreme Court New South Wales

Medium Neutral Citation: Re Neil [2021] NSWSC 446 Hearing dates: 28 April 2021 Date of orders: 28 April 2021 Decision date: 28 April 2021 Jurisdiction: Equity - Duty List Before: Henry J Decision: Make secure accommodation and ancillary orders. Catchwords: CHILD WELFARE – care proceedings – parens patriae jurisdiction – orders sought for secure accommodation and care for young person – where extensive mental health history, past contact with law enforcement and placement history – where currently remanded in juvenile detention – whether appropriate to make orders – orders necessary for young person's care and protection and promotion of their welfare Legislation Cited: Mental Health Act 2007 (NSW) Cases Cited: Re Elliott [2018] NSWSC 679 Re Kara [2020] NSWSC 1083 Re Sally [2011] NSWSC 1696 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; [1992] HCA 15 Texts Cited: Nil Category: Procedural rulings Parties: Secretary, Department of Communities and Justice (First Plaintiff) Minister for Families, Communities and Disability Services (Second Plaintiff) Representation: Counsel: C McGorey (Plaintiffs)

Solicitors: Crown Solicitor's Office (Plaintiffs) File Number(s): 2021/98482 Publication restriction: The orders made today prohibit the publication or disclosure of information that would identify, or tend to identify, the identity of the young person in these proceedings (known as "Neil").