Re Millie; (No. 3) - [2019] NSWSC 1416

Supreme Court

New South Wales

Medium Neutral Citation: Re Millie; Secretary Department, Family & Community Services & Minister for FACS (No. 3) [2019] NSWSC 1416
Hearing dates: 18 October 2019
Date of orders: 18 October 2019
Decision date: 18 October 2019
Jurisdiction: Equity - Protective List
Before: Slattery J
Decision:
Existing orders extended. Proceedings adjourned to 6 December 2019 at 9.30am.

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 (NDIS) for the young person to have support and independent living outside the Sherwood House program has been assessed but the full financial package has not yet been approved – Court adjourns the matter for a further short period to allow the NDIS issue to resolve – observations made concerning the need for early resolution of the young person’s situation.
Cases Cited: Re Anita (No. 3) [2016] NSWSC 1959
Re Millie; Secretary Department, Family & Community Services & Minister for FACS (No. 2) [2019] NSWSC 1110
Re Secretary, Department of Family Community Services; Re Lee [2015] NSWSC 1276
Category: Procedural and other rulings
Parties: Re Millie; Secretary Department, Family & Community
Services & Minister for FACS v No Defendant
Representation:
Counsel:
Secretary Department, Family & Community Services
& Minister for FACS: Ms K. Shea
Solicitors:
Independent legal representative: Ms K. Kelso
Crown Solicitors: Ananda Hall
The Public Guardian: Mr J Watt

File Number(s): 2014/3239392019/27565
Publication restriction: No

EX TEMPORE Judgment

Millie is a young person, who has been the subject of orders made under the Court’s parens patriae jurisdiction for a number of years. “Millie” is not her real name. Her identity has been suppressed. In a judgment given on 26 August 2019, the Court gave a short account of Millie’s history up to that date: Re Millie; Secretary Department, Family & Community Services & Minister for FACS (No. 2) [2019] NSWSC 1110.
This judgment should be read with the Court’s 26 August judgment. Events, matters and persons are referred to in both judgments the same way.
Millie’s medical and mental health situation have been set out in the Court’s 26 August judgment (at [4] – [6]). And the recent difficulties that have been encountered in obtaining final funding approvals from the NDIA up to the time of the 26 August are also set out in that judgment (at [9] – [14]).
Millie was a resident of the Sherwood House program and making excellent progress until 2016. That year she was moved from the Sherwood House program to a more independent form of living. Unfortunately that arrangement broke down and Millie returned to Sherwood House within about twelve months.
Millie has just turned eighteen. This is the second occasion in…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Re Millie; (No. 3)

Details

AGLC: Re Millie; (No. 3) [2019] NSWSC 1416
Case: [2019] NSWSC 1416
Decision Date: 18 October 2019

CaseChat Overview and Summary

In the case of Re Millie, the dispute before the court involved the continued administration of parental responsibility and the control of proceedings concerning a young person residing in the Sherwood House program. The young person had already reached the age of eighteen but remained under the jurisdiction of the court due to her disability. The central issue before the court was whether its parens patriae jurisdiction extended beyond the individual’s eighteenth birthday based on the individual's disability. Additionally, the court needed to determine whether the delay in approving the full funding assessment through the National Disability Insurance Scheme (NDIS) should impact the proceedings.

The court found that its parens patriae jurisdiction over the young person continued due to her disability, not her age. This jurisdictional authority allowed the court to manage the young person's affairs and ensure she received appropriate care and support. The court also noted the ongoing need for a resolution regarding the individual's living arrangements and support. Despite the assessment for full funding being completed, the financial package had not yet been approved by the NDIS. The court decided to adjourn the matter briefly to allow the NDIS issue to resolve, ensuring that the young person would receive the necessary support for independent living. The court emphasised the importance of early resolution to provide stability and appropriate care for the individual.

The final orders of the court included an adjournment of the proceedings to allow time for the NDIS funding package to be approved and for the individual’s living arrangements to be finalised. The court also made observations on the urgency of resolving the young person’s situation to ensure her continued well-being and appropriate support.

Orders