Secretary, Department Family and Community Services; Re “Lee” [2015] NSWSC 1276

Supreme Court New South Wales

Medium Neutral Citation: Secretary, Department Family and Community Services; Re "Lee" [2015] NSWSC 1276 Hearing dates: 2 September 2015 Date of orders: 02 September 2015 Decision date: 02 September 2015 Jurisdiction: Equity Before: Brereton J Decision: Secure accommodation orders continued Catchwords: FAMILY LAW AND CHILD WELFARE - exercise of parens patriae jurisdiction – where orders in place for parental responsibility and secure accommodation - continued availability of jurisdiction where child soon to attain 18 years of age but is not capable of managing her affairs - importance of ability to detain and restrain child to ensure proper care - where guardianship order does not include powers to detain and restrain - where guardianship order does not provide adequate safety net as alternative to parental responsibility and secured accommodation orders - unwillingness to discharge Court orders upon child's attaining 18 years of age until satisfied appropriate replacement orders in place. Cases Cited: Re Thomas [2009] NSWSC 217 Category: Procedural and other rulings Parties: Secretary, Department of Family and Community Services (first plaintiff) Minister for Family and Community Services (second plaintiff) Representation: Counsel: Mr G Moore (first and second plaintiffs) Ms S O'Reilly (child's separate representative)

Solicitors: Crown Solicitor (Director-General) Child & Family Advocacy Service, Legal Aid NSW (child's separate representative) File Number(s): 2012/196324