Re Jessica [2002] NSWSC 745

Re Jessica [2002] NSWSC 745

The evidence showed that Jessica's irrational and violent behaviour continued and that the hospital premises were no longer available; the proposed new accommodation and care regime was necessary, no party opposed the orders, and the Court's parens patriae jurisdiction remained available, so further orders for transport, detention and treatment with reasonable force if necessary were made.

Jurisdiction
Australia
Judgment Date
23 August 2002
Procedural Posture
Family Law and Child Welfare; Wards of Court; Inherent Jurisdiction to Protect Infant / Application for Further Orders for Transport, Detention and Medical Treatment
Outcome
Further order for detention and treatment of young person made.
Legal Topics
['child Welfare Other Than Under Family Law Act 1975 (cth)' 'wards of Court' 'supreme Court Inherent Jurisdiction to Protect Infant' 'detention and Medical Treatment of Infant' 'parens Patriae Jurisdiction' 'guardianship Act 1987 Medical Treatment Provisions']
['family Law and Child Welfare' 'equity'] ['child Welfare Other Than Under Family Law Act 1975 (cth)' 'wards of Court' 'supreme Court Inherent Jurisdiction to Protect Infant' 'detention and Medical Treatment of Infant' 'parens Patriae Jurisdiction' 'guardianship Act 1987 Medical Treatment Provisions']

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Procedural Posture

Family Law and Child Welfare; Wards of Court; Inherent Jurisdiction to Protect Infant / Application for Further Orders for Transport, Detention and Medical Treatment

Legal Issues

  1. 1 ["Whether further orders should be made for Jessica's transport to new premises and her detention and treatment there, including administration of sedative medication as necessary and the use of reasonable force if necessary." "Whether Jessica having turned 16 and Part 5 of the Guardianship Act 1987 applying affected the Court's parens patriae jurisdiction."]

Ratio Decidendi

The evidence showed that Jessica's irrational and violent behaviour continued and that the hospital premises were no longer available; the proposed new accommodation and care regime was necessary, no party opposed the orders, and the Court's parens patriae jurisdiction remained available, so further orders for transport, detention and treatment with reasonable force if necessary were made.

Court Disposition

Further order for detention and treatment of young person made.

Orders

  • ['Orders made as set out in the short minutes initialled by Hamilton J and placed with the papers.' "Orders provided for Jessica's transport to the new premises and her detention and treatment there." 'Orders authorised administration of sedative medication as necessary.' "Orders authorised reasonable force to...