Director General of the Department of Community Services v "BB" [1999] NSWSC 1169

New South Wales Supreme Court CITATION : Director General of the Department of Community Services v "BB" [1999] NSWSC 1169 revised - 01/12/99 CURRENT JURISDICTION : Equity FILE NUMBER(S) : 4636/99 HEARING DATE(S) : 12/11/1999, 19/11/1999 JUDGMENT DATE : 19 November 1999

PARTIES : Director General of the Department of Community Services (Plaintiff) "BB" (Defendants) JUDGMENT OF : Santow J

COUNSEL : M Adofaci (Sol/Advocate) (Plaintiff) S Teece (Sol) (Defendants) SOLICITORS : Anthea Tomlin (Senior Sol) Crown Solicitor (Plaintiff) Stephen Teece (Defendants) CATCHWORDS : SUPREME COURT — Inherent jurisdiction in relation to welfare of children — Blood transfusion for an infant where parents have strong religious convictions to the contrary — Difference between statutory power for emergency medical intervention under s20A of Children (Care and Protection) Act 1987 and orders sought to alleviate an appreciable risk of serious damage to the child's health — Extent of Court's jurisdiction and factors affecting the exercise of its discretion, as arise in the context of a life threatening condition — form and scope of orders. ACTS CITED : Children (Care and Protection) Act 1987 s20A Briginshaw v Briginshaw (1938) 60 CLR 336 CASES CITED : Dalton v Skuthorpe (McLelland J, SCNSW, 27 November 1989, unreported) Department of Health and Community Services v J.W.B. and S.M.B. ("Marian's case") (1991-2) 175 CLR 218 Re Marion (No. 2) (1993-4) 17 FamLR 336 DECISION : Orders made authorising medical treatment by way of blood transfusion.

REVISED — 1 December, 1999 IN THE SUPREME COURT OF NEW SOUTH WALES IN EQUITY