Director-General, Department of Human Services; Re Thomas [2010] NSWSC 1525

New South Wales Supreme Court

CITATION : Director-General, Department of Human Services; Re Thomas [2010] NSWSC 1525

HEARING DATE(S) : 18 November 2010 JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 18 November 2010

DECISION : Orders made on 26 February 2009 discharged. Proceedings otherwise dismissed.

CATCHWORDS : CHILDREN - Parens patriae jurisdiction – secure accommodation order - child approaching age of 18 - progress made by child - order discharged

LEGISLATION CITED : Director-General, Department of Community Services; Re Thomas [2009] NSWSC 217

CATEGORY : Principal judgment

Director-General, Department of Human Services PARTIES : Minister for Community Services "Thomas"

FILE NUMBER(S) : SC 09/287286

COUNSEL : Mr G Moore (plaintiffs) Ms K Reynolds (first defendant)

SOLICITORS : I V Knight, Crown Solicitor (plaintiffs) Leonie Miller (first defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BRERETON J

Thursday, 18 November 2010

2009/287286 Director-General of the Department of Human Services; Re Thomas JUDGMENT (ex tempore) 1 HIS HONOUR: The history to these proceedings is set out in the judgment I gave on 31 March 2009 [Director-General, Department of Community Services; Re Thomas [2009] NSWSC 217] in connection with orders that I made on 26 February 2009, authorising the Director-General pending further order to accommodate the child, who for the purposes of the proceedings has been called Thomas, at Sherwood House; to use reasonably necessary means to ensure that he remained there; to furnish such treatment as may be necessary, including to administer medication and sedation; and, to the extent necessary, to use reasonable force in doing so.