Director General, Department of Family and Community Services; Re Vernon [2011] NSWSC 1222

Supreme Court New South Wales

Medium Neutral Citation: Director General, Department of Family and Community Services; Re Vernon [2011] NSWSC 1222 Hearing dates: 14 September 2011 Decision date: 14 September 2011 Jurisdiction: Equity Division - Duty List Before: Rein J Decision: See [11] Catchwords: FAMILY LAW AND CHILD WELFARE - Parens patriae - Scope of power - Where 13-year-old child has a form of autism, developmental problems and an extensive history of physical aggression, violent and anti-social behaviour - Where Director-General and the Minister seek an order for the child to be placed in the care of a different institution to instigate a plan for his future care and also orders that include the ability to restrain and medicate the child whilst he is in the care of the new institution - Whether such order may be made in parens patriae jurisdiction Cases Cited: Director-General, Department of Community Services; Re Thomas [2009] NSWSC 217 Director General, New South Wales Department of Community Services v Y [1999] NSWSC 644 Category: Principal judgment Parties: Director General, Department of Family and Community Services (first plaintiff) Minister for Family and Community Services (second plaintiff) Representation: W Hunt (plaintiffs) R A Clarke (independent legal representative for Vernon) Crown Solicitor (plaintiffs) Ross A Clarke & Associates (independent legal representative for Vernon) File Number(s): SC 2011/296723 Publication restriction: In addition to the anonymisation of the child's name, this version of the judgment also further anonymises the institutions that have been or will be involved in the care of the child