Re Kara (No. 7)

The matter before the Family Court involved a young Aboriginal person under the care of the Minister for the purpose of the parens patriae jurisdiction. The young person had previously undergone medical treatment and rehabilitation in a medical facility. However, she had absconded on multiple occasions from secure premises and was currently at large with uncertain whereabouts. The court was asked to consider whether a secure accommodation order should be made to place the young person at Sherwood House, a secure facility for children and young people.

The legal issues before the court were whether the making of a secure accommodation order was in the best interests of the young person, and if such an order was necessary to facilitate her care, welfare and development. The court needed to weigh the young person's right to freedom of movement against the need for her to receive the necessary care and treatment in a secure environment.

The court found that the young person's history of absconding from secure premises, and her current status as at large, presented a significant risk to her welfare and development. The court was satisfied that the making of a secure accommodation order was necessary to ensure that the young person received the care and treatment she required, and that it was in her best interests to be placed at Sherwood House. The court made an order placing the young person at Sherwood House, subject to certain conditions to protect her welfare and development.