Re Rosie

Case

[2022] NSWSC 1001

25 July 2022


Details
AGLC Case Decision Date
Re Rosie [2022] NSWSC 1001 [2022] NSWSC 1001 25 July 2022

CaseChat Overview and Summary

The parties involved in the case were the Minister for Justice and the child, Rosie, who was in the custody of the Department of Communities and Justice. The nature of the dispute was whether secure accommodation orders should be made for Rosie, who was due to be released from custody the next day. The case was heard by the Children's Court of New South Wales. The legal issues the court was required to decide were whether there was a risk to Rosie's welfare if she were released into the community and whether such a risk warranted the making of secure accommodation orders. The court considered the evidence presented by the Department of Communities and Justice and the submissions made by Rosie's legal representative. The court found that there was a significant risk to Rosie's welfare if she were released into the community and that this risk warranted the making of secure accommodation orders. The court noted that Rosie had a history of offending behaviour and had expressed a willingness to reoffend if released. The court also considered the potential consequences of Rosie's release, including the risk of her reoffending and the impact this would have on her and the community. The court concluded that the risk to Rosie's welfare was significant enough to warrant the making of secure accommodation orders. The court made orders for Rosie to be placed in a secure accommodation facility until further order. The orders were made under section 56 of the Children (Care and Protection) Act 1987 (NSW). The court also made orders for the Department of Communities and Justice to provide Rosie with appropriate support and rehabilitation services while in secure accommodation.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Parens patriae

  • Child Welfare

  • Secure Accommodation Orders

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Cases Citing This Decision

6

Re Miki [2022] NSWSC 1550
Cases Cited

11

Statutory Material Cited

1

Re ‘K' [2021] NSWSC 1314