Re Sally [2009] NSWSC 1141

New South Wales Supreme Court

CITATION : Re Sally [2009] NSWSC 1141

HEARING DATE(S) : 23 June 2009; 30 June 2009; 30 September 2009

JUDGMENT DATE : 20 October 2009

JURISDICTION : Equity Division

JUDGMENT OF : Slattery J at 1

DECISION : Grant orders sought, with matter to remain under judicial review, and parties being granted liberty to apply.

CATCHWORDS : FAMILY AND CHILD WELFARE - Parens patriae- Scope of power - where 15 year old child has extensive history or serious self-harming, violent and anti-social behaviour - where experts strongly support preventative confinement of child in secure accomodation to facilitate treatment plan - where Director- General seeks order authorising indefinite involuntary detention of child in secure accomodation unit - whether such order may be made in parens patriae jurisdictiuon - relevance of child's human rights under Convention on Rights of the Child.

LEGISLATION CITED : Children Act 1989 (UK)Children and Young Persons (Care and Protection) Act 1998 (NSW)

CASES CITED : Director General, Department of Community Services v Jules [2008] NSWSC 1193Director General, Department of Community Services v Thomas [2009] NSWSC 217DoCS v Y [1999] NSWSC 644In re K (A Child) (Secure Accommodation Order: Right to Liberty) [2001] 2WLR 1141Marion's Case (1992) 175 CLR 218Murray v Director Family Services, ACT (1993) FLC 92-416Re Frances and Benny [2005] NSWSC 1207Re W [1992] 3 WLR 758 Re X (A Minor) [1975] 2 WLR 335Re X [1975] 1 All ER 697Secretary of the Department of health and Community Services v JWB and SMB (Marion's Case) (1992) 175 CLR 218Vaughan v Vaughan (NSWSC, Powell J, 27 February 1979, unreported)Wellesley v Duke of Beaufort (1827) 38 ER 236

PARTIES : Director-General, Department of Family and Community Services and Minister for Family and Community Services (Applicant) Child "Sally" (Respondent)