Re Millie

In the case of Re Millie, the Federal Court was presented with an application concerning a young person who was under the parental responsibility of the Minister for Social Services and resided in the Sherwood House program. The application arose because the young person was approaching her 18th birthday, and the Court's parens patriae jurisdiction over her was set to expire. The key issue was whether the Court should make an order for the appointment of the Public Guardian for the young person before her 18th birthday, despite the fact that an assessment for funding through the National Disability Insurance Scheme (NDIS) to support her independent living outside the Sherwood House program had not yet been completed.

The Court considered its powers under civil procedure to control the proceedings in light of the impending expiration of its jurisdiction. It recognised the importance of ensuring that appropriate arrangements were in place for the young person’s care and support after she turned 18. The Court held that it should not make a premature order for the appointment of a Public Guardian without first allowing the NDIS funding assessment to be undertaken. This assessment was crucial to determine whether the young person would receive adequate support for independent living, which could influence the need for a Public Guardian.

Ultimately, the Court decided to adjourn the matter until after the young person’s 18th birthday. This decision enabled the NDIS funding assessment to be completed, ensuring that any decisions regarding the young person’s care and support would be based on accurate and comprehensive information. The Court's decision reflected a balanced approach that prioritised the young person's best interests and future care arrangements.