Re Millie; Secretary of the Department of; Communities and Justice & Minister for Families; Communities and Disability Services (No. 4) [2019] NSWSC 1748

Supreme Court New South Wales

Medium Neutral Citation: Re Millie; Secretary of the Department of; Communities and Justice & Minister for Families; Communities and Disability Services (No. 4) [2019] NSWSC 1748 Hearing dates: 6 December 2019 Date of orders: 06 December 2019 Decision date: 06 December 2019 Jurisdiction: Equity Before: Slattery J Decision: Existing secure accommodation orders permitted to expire. Catchwords: CIVIL PROCEDURE – Court administration – Court powers – Control of proceedings – young person under the parental responsibility of the Minister residing in the Sherwood House program – young person has already turned eighteen – Court's parens patriae jurisdiction continues over the young person, not by reason of her age but by reason of her disability – full funding assessment through the National Disability Insurance Scheme for the young person to have supported independent living ("SIL") outside the Sherwood House program has been approved and SIL arrangements made, enabling her to move out of Sherwood House into her own accommodation. Cases Cited: Re Anita (No. 3) [2016] NSWSC 1959 Re Secretary, Department of Family Community Services; Re Lee [2015] NSWSC 1276. Re Millie; Secretary Department, Family & Community Services & Minister for FACS (No. 2) [2019] NSWSC 1110 Re Millie; Secretary Department, Family & Community Services & Minister for FACS (No. 3) [2019] NSWSC 1416 Category: Consequential orders (other than Costs) Parties: Re Millie; Secretary of the Department of Communities and Justice & Minister for Families Communities and Disability Services v No Defendant Representation: Counsel: Secretary of the Department of Communities and Justice & Minister for Families Communities and Disability Services: Ms K. Shea