Re Sally

In the matter of Re Sally, the case was heard in the Family Court of Australia. Sally, who was approaching her eighteenth birthday, had previously been the subject of orders made under the parens patriae jurisdiction of the Court. Sally's legal representative sought clarification of her role in light of the upcoming change in jurisdiction and the child's imminent adulthood. The court was tasked with determining the appropriate role for Sally's representative, whether it be a Direct Legal Representative or an Independent Legal Representative under section 99D of the Children and Young Persons (Care and Protection) Act 1998, and considering the role of the Independent Children's Lawyer under the Family Law Act 1975. The court also had to consider whether Sally was capable of giving instructions to her representative and whether access to some of the medical reports should be restricted in her best interests.

The court considered that neither the statutory models of Direct Legal Representation nor Independent Legal Representation were binding on the court in the exercise of its inherent parens patriae jurisdiction. However, the court found these models to be useful as a template for its decision-making process. In determining Sally's capacity to give instructions to her representative, the court found that Sally had the requisite capacity to do so. Furthermore, the court concluded that it was in Sally's best interests for her access to some of the medical reports to be restricted.

The court found that the most appropriate role for Sally's legal representative was that of an Independent Legal Representative, as this role provided the necessary balance between protecting Sally's interests and allowing her to have a say in the proceedings. The court also found that it was in Sally's best interests for her access to some of the medical reports to be restricted, as these reports contained sensitive information that could potentially cause her harm. The court made orders accordingly, appointing an Independent Legal Representative for Sally and restricting her access to certain medical reports.

In conclusion, the Family Court of Australia determined that Sally's legal representative should act as an Independent Legal Representative, and that restricting Sally's access to some medical reports was in her best interests. The court's decision was guided by the statutory models of Direct Legal Representation and Independent Legal Representation, but ultimately the court exercised its inherent parens patriae jurisdiction to make orders that were in the best interests of Sally.