Re Jessica [2001] NSWSC 1207

Re Jessica [2001] NSWSC 1207

On the evidence, Jessica's violent and uncontrolled behaviour created a serious risk to herself and others, there was no practical alternative to a secure treatment environment, and the proposed detention and medical treatment orders were necessary. Because interim parental responsibility had already been granted to the Minister and the Supreme Court's parens patriae jurisdiction could be exercised without making the young person a ward of the Court, the orders could and should be made without a wardship order.

Jurisdiction
Australia
Judgment Date
13 December 2001
Procedural Posture
Application in the Supreme Court's Inherent Parens Patriae Jurisdiction Concerning Child Welfare, Detention and Medical Treatment of a Young Person / Hearing for Orders on 13 December 2001
Outcome
Orders made authorising the young person being transported to and detained in a named hospital and having medication administered to her with the use of reasonable force if necessary without an order that the young person be made a ward of the Court.
Legal Topics
['child Welfare Other Than Under Family Law Act 1975 (cth)' 'wards of Court' 'inherent Jurisdiction to Protect Infants' 'parens Patriae Jurisdiction' 'compulsory Medical Treatment' 'detention of a Young Person' 'parental Responsibility']
['family Law and Child Welfare' 'equity'] ['child Welfare Other Than Under Family Law Act 1975 (cth)' 'wards of Court' 'inherent Jurisdiction to Protect Infants' 'parens Patriae Jurisdiction' 'compulsory Medical Treatment' 'detention of a Young Person' 'parental Responsibility']

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Procedural Posture

Application in the Supreme Court's Inherent Parens Patriae Jurisdiction Concerning Child Welfare, Detention and Medical Treatment of a Young Person / Hearing for Orders on 13 December 2001

Legal Issues

  1. 1 ['Whether the Court should authorise Jessica being transported to and detained in a hospital and having medication administered to her with reasonable force if necessary.' 'Whether an order making Jessica a ward of the Court was necessary before making the proposed orders.' "Whether the Supreme Court's parens patriae jurisdiction could be exercised where interim parental responsibility had been granted to the Minister under the Children and Young Persons (Care and Protection) Act 1998."]

Ratio Decidendi

On the evidence, Jessica's violent and uncontrolled behaviour created a serious risk to herself and others, there was no practical alternative to a secure treatment environment, and the proposed detention and medical treatment orders were necessary. Because interim parental responsibility had already been granted to the Minister and the Supreme Court's parens patriae jurisdiction could be exercised without making the young person a ward of the Court, the orders could and should be made without a wardship order.

Court Disposition

Orders made authorising the young person being transported to and detained in a named hospital and having medication administered to her with the use of reasonable force if necessary without an order that the young person be made a ward of the Court.

Orders

  • ['Orders made in accordance with short minutes initialled by the judge and placed with the papers.' 'Orders 2 to 5 directed to be entered forthwith.' 'Proceedings adjourned to 14 February 2002 at 9.30am before Hamilton J.' 'Liberty to apply was to be included in the orders.']