NSW Caselaw
New South Wales Supreme Court
CITATION : Re Jessica [2001] NSWSC 1207 revised - 11/09/2002 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 5026/01 HEARING DATE(S) : 13 December 2001 JUDGMENT DATE : 13 December 2001
Minister for Community Services (P1) PARTIES : Director-General of the Department of Community Services (P2) Name suppressed (D) JUDGMENT OF : Hamilton J
G W Moore (P1 & 2) COUNSEL : R Harper, Solicitor (D) K L Renshall, Solicitor (Child) I V Knight (P1 & 2) SOLICITORS : Kim Cull (D) Kathryn Renshall (Child) CATCHWORDS : FAMILY LAW AND CHILD WELFARE [108] - Child welfare other than under Family Law Act 1975 (Cth) - Wards of Court - Supreme Court - Inherent jurisdiction to protect infants - Orders for detention and medical treatment of infant using reasonable force if necessary - Whether order for wardship necessary. LEGISLATION CITED : Children and Young Persons (Care and Protection) Act 1998 DOCS v Y [1999] NSWSC 644 CASES CITED : Department of Health and Community Services v J W B and S M B (Marion's case) (1992) 175 CLR 218 Kay v Minister for Youth and Community Services [1982] 1 NSWLR 311 DECISION : 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.
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
HAMILTON J
THURSDAY, 13 DECEMBER 2001
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