Re Rosie (No 3) [2023] NSWSC 37

Supreme Court New South Wales

Medium Neutral Citation: Re Rosie (No 3) [2023] NSWSC 37 Hearing dates: 27 January 2023 Date of orders: 27 January 2023 Decision date: 03 February 2023 Jurisdiction: Equity - Duty List Before: Meek J Decision: Orders authorising the administration of depot injections of psychotropic medication to R and necessary restraints of R to facilitate receipt of treatment Catchwords: CHILD WELFARE — parens patriae — Prior secure accommodation orders and related orders made in relation to young girl — Subsequent deterioration in relation to R's mental health and behaviour resulting in R's hospitalisation and a scheduling order under the Mental Health Act 2007 (NSW) — Evidence of R's refusal to take prescribed medication and of R's threats to harm others but also suicidal ideation and self-harm — Urgent oral application brought by the Secretary and Minister for orders authorising certain medical treatment to be carried out on R and an order authorising R's restraint for such purposes CHILD WELFARE — parens patriae — Discussion of scope of parental responsibility and concepts of "authorisation" of medical treatment as distinct from "consent" for medical treatment — In exigencies of urgency of application orders framed in terms of "authorisation" — Not appropriate, absent submissions, to express any firm view regarding the differences between what is said to be authorisation per se and consent for treatment and the question of precisely what is involved in framing of parens patriae orders in terms of authorisation or consent CHILD WELFARE — parens patriae — Order for authorisation of medical treatment — Proposed treatment premised on the fact that R would receive medication not significantly different to that which she had already been receiving nor materially different in dosage — Proposal that medication be administered in a different form mainly by IMI (with appropriate restraints to effect that) rather than orally — Orders authorising the administration of depot injections of psychotropic medication Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Mental Health Act 2007 (NSW) Minors (Property and Contracts) Act 1970 (NSW) Poisons and Therapeutic Goods Act 1966 (NSW) Cases Cited: Director-General, Department of Community Services; Re Jules [2008] NSWSC 1193; (2008) 40 Fam LR 122 Gibbons v Wright (1954) 91 CLR 423 Gillick v West Norfolk and Wisbech Area Health Authority [1986] AC 112 Hospital v Baby M [2020] NSWSC 1481 In Re C (Adult: Refusal of Treatment) [1994] 1 WLR 290 Re Baby D (No 2) [2011] FamCA 176; (2011) 45 Fam LR 313 Re ELM (2006) 69 NSWLR 145; [2006] NSWSC 1137 Re Joel [2013] NSWSC 1299 Re Kara [2020] NSWSC 1083 Re Rosie (2022) NSWSC 1001 Re Rosie (No 2) [2022] NSWSC 1750 Re Sally [2009] NSWSC 1141 Secretary, Department of Health and Community Services v JWB and SMB ("Marion's Case") (1992) 175 CLR 218; [1992] HCA 15 The Hospital v S (a minor) [2019] NSWSC 642 Texts Cited: National Health and Medical Research Council, National Statement on Ethical Conduct in Human Research 2007 Category: Principal judgment Parties: Secretary, Department of Communities and Justice (First Plaintiff) Minister for Families and Communities (Second Plaintiff) Rosie (First Defendant) Representation: Counsel: B J Dean (Plaintiffs)