Re Rosie (No 3) [2023] NSWSC 37

Re Rosie (No 3) [2023] NSWSC 37

Given Rosie's significant deterioration, imminent risk to herself and others, refusal to take oral medication, and the inadequacy of statutory parental powers to compel necessary medical treatment (including use of restraint), it was appropriate for the Court under its parens patriae jurisdiction to authorise (on an interim basis) the administration by depot injection and necessary restraint, with ongoing oversight, to protect Rosie's welfare and health.

Parties
First Plaintiff: Secretary, Department of Communities and Justice; Second Plaintiff: Minister for Families and Communities; First Defendant: Rosie
Jurisdiction
Australia
Judgment Date
03 February 2023
Procedural Posture
Protective Application (parens Patriae Jurisdiction) / Urgent Application / Orders
Outcome
Orders granted authorising administration of depot injections of psychotropic medication and necessary restraint and associated hospitalisation of Rosie, pending further review.
Legal Topics
Parens Patriae, Consent to Medical Treatment, Authorisation of Medical Treatment, Restraint for Medical Purposes
Child Welfare Health Law Equity Parens Patriae Consent to Medical Treatment Authorisation of Medical Treatment Restraint for Medical Purposes

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Parties

Secretary, Department of Communities and Justice

First Plaintiff

Minister for Families and Communities

Second Plaintiff

Rosie

First Defendant

Procedural Posture

Protective Application (parens Patriae Jurisdiction) / Urgent Application / Orders

Legal Issues

  1. 1 Whether the Court should authorise the administration of depot injections of psychotropic medication to a minor under parens patriae jurisdiction
  2. 2 Whether restraint may be authorised to facilitate medical treatment of a child
  3. 3 Scope of parental and statutory power to consent to/authorise medical treatment for a minor where the minor refuses

Ratio Decidendi

Given Rosie's significant deterioration, imminent risk to herself and others, refusal to take oral medication, and the inadequacy of statutory parental powers to compel necessary medical treatment (including use of restraint), it was appropriate for the Court under its parens patriae jurisdiction to authorise (on an interim basis) the administration by depot injection and necessary restraint, with ongoing oversight, to protect Rosie's welfare and health.

Court Disposition

Orders granted authorising administration of depot injections of psychotropic medication and necessary restraint and associated hospitalisation of Rosie, pending further review.

Orders

  • That until further order, the Court authorises the administration of depot injections of psychotropic medication to Rosie in accordance with any treatment regime(s) recommended for her by treating professionals.
  • That until further order, the Court authorises the restraint of Rosie to the extent necessary to facilitate her receiving authorised treatment.