Re Marlie [2021] NSWSC 973

Supreme Court New South Wales

Medium Neutral Citation: Re Marlie [2021] NSWSC 973 Hearing dates: 27 July 2021 Date of orders: 27 July 2021 Decision date: 27 July 2021 Jurisdiction: Equity - Duty List Before: Henry J Decision: Authorise the hospital to administer Hepatitis B vaccine and immunoglobulin injection to child. Order the mother to present child to hospital for purposes of administering treatment within 12 hours of birth. Catchwords: CHILD WELFARE – parens patriae jurisdiction – order sought by hospital to administer Hepatitis B vaccine and immunoglobulin injection to baby – where mother of child diagnosed with Hepatitis B – where parents withhold consent for treatment primarily on religious grounds – hospital authorised to carry out treatment Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 (NSW), s 7 Supreme Court Act 1970 (NSW), s 23 Cases Cited: Director-General, Department of Community Services v BB [1999] NSWSC 1169 Director-General, Department of Community Services; Re Jules (2008) 40 Fam LR 122; [2008] NSWSC 1193 Re Bernard [2009] NSWSC 11 Royal Alexandra Hospital for Children v Joseph [2005] NSWSC 422 Secretary, Department of Health and Community Services v JWB and SMB (Marion's case) (1992) 175 CLR 218; [1992] HCA 15 Sydney Children's Hospital Network v X [2013] NSWSC 368 X v Sydney Children's Hospital Network (2013) 85 NSWLR 294; [2013] NSWCA 320 Texts Cited: Nil Category: Procedural rulings Parties: Northern NSW Local Health District (Plaintiff) Mother (First Defendant) Father (Second Defendant) Representation: Counsel: M Anderson (Plaintiff)