Re “Lee”

[2016] NSWSC 138

Supreme Court

New South Wales

Medium Neutral Citation:	Secretary, Department Family and Community Services; Re “Lee” [2016] NSWSC 138
Hearing dates:	Tuesday, 16 February 2016
Date of orders:	16 February 2016
Decision date:	16 February 2016
Jurisdiction:	Equity
Before:	Brereton J
Decision:	Balance of summons dismissed
Catchwords:	FAMILY LAW AND CHILD WELFARE – parens patriae jurisdiction – where responsibility of young person transferred from Minister to Public Guardian on attainment of 18 years of age – where appropriate arrangements in place for future care.
Legislation Cited:	(CTH) Family Law Act 1975, s 4, s 60G, s 61B, s 61C(1) (NSW) Adoption Act 2000, s 23, s 24, s 28, s 30, s 53, 54(1)(b), s 58, s 59, s 67(1)(a), (c), (d), s 71, s 73, s 74, s 87, s 88
Cases Cited:	Application of MKM & RDM [2010] NSWSC 1189
Category:	Principal judgment
Parties:	Director-General, Department of Family and Community Services (first plaintiff) Minister for Family and Community Services (second plaintiff)
Representation:	Counsel: M England (plaintiffs) S O’Reilly (child’s separate representative) C King (Public Guardian)   Solicitors: Crown Solicitor (plaintiffs and public guardian) Child & Family Advocacy Service, Legal Aid NSW (child’s separate representative)
File Number(s):	2012/146324

Judgment (EX TEMPORE)

1. HIS HONOUR: These proceedings were instituted by the Minister and the Secretary – then known as the Director-General – while Lee was in the parental responsibility of the Minister. As Ms England has submitted, the purpose of the proceedings was to make, pursuant to the Court's inherent parens patriae jurisdiction, provision for Lee's care, chiefly by way of a secure accommodation order, while she was in the parental responsibility of the Minister. Lee attained 18 years of age last year and is no longer under the Minister's parental responsibility. The Public Guardian has been given a number of functions in respect of her care and management under a guardianship order. The Court has retained supervision of the matter after Lee attained 18 years of age in order to facilitate the transfer and transition of responsibility for Lee to the Public Guardian as she became a young adult. I think those ends have now been achieved as well as they can be in the circumstances, although Lee continues to pose enormous challenges to those with responsibility for her care.

2. As has been submitted, it is encouraging that she has established, and will maintain under the arrangements now in place for her ongoing care, a good connection with the service providers from Allambie who will retain responsibility, by arrangement with the Public Guardian, for provision of services to Lee. It is also pleasing that it has been reported that Lee has established a very positive working relationship with Ms King of the Public Guardian. It is clear enough that the arrangements now in place for Lee are the best that can be achieved in the circumstances. That is not to say that great risks do not remain, as the recent history of criminal arrests and drug use indicate. However, I agree now that appropriate arrangements for Lee's ongoing management and care are in place, there is no utility in maintaining these proceedings any longer. The enormous responsibility that comes with Lee's care is now entrusted to the Public Guardian.

3. I should like to take this opportunity to associate myself with the remarks properly made by Ms O'Reilly about the quality of case work and commitment that those officers of Family and Community Services who have been responsible in the past for Lee have shown, in what must have been very trying circumstances for them. Ms Price and Ms Mann in particular have demonstrated enormous commitment and perseverance, often having to respond – at short notice, out of hours and long distances – to crises concerning Lee. It would be regrettable if such outstanding case work by departmental officers, whose efforts are so frequently criticised, should go unnoticed and unremarked. It should also not be overlooked that the State has invested in the past, and will continue to invest under these arrangements in the future, an enormous amount into providing appropriate care for this troubled young person.

4. Lee has also been very well served by the sensitivity with which both Ms England as counsel for the Department, and Ms O'Reilly as her separate representative, have approached the matter from the outset, and the Court is very much indebted to all of them for the assistance throughout this trying case.

5. With that I can but wish Lee the very best for the future, and trust that the Public Guardian will be able to contribute to her ongoing safety and care.

6. The Court orders that the balance of the summons be dismissed.

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Decision last updated: 25 February 2016