Re AB [2019] NSWSC 316

Supreme Court New South Wales

Medium Neutral Citation: Re AB [2019] NSWSC 316 Hearing dates: 20 and 21 March 2019 Date of orders: 20 March 2019 Decision date: 21 March 2019 Jurisdiction: Equity - Duty List Before: Kunc J Decision: Orders permitting medical treatment continued Catchwords: FAMILY LAW - Children – Parens patriae jurisdiction – Orders authorising Secretary to permit medical treatment of child under the parental responsibility of the Minister Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: Secretary, Department of Health and Community Services v JWB and SMB (Marion's Case) (1991-1992) 175 CLR 218 Category: Procedural and other rulings Parties: Secretary, Department of Family and Community Services (Plaintiff)

The Mother (First Defendant) The Father (Second Defendant) AB (Third Defendant) Representation: Counsel:

K Shea (Plaintiff)

Solicitors: Acting Crown Solicitor for NSW (Plaintiff) K Wooi (independent solicitor for AB) File Number(s): 2019/83327 Publication restriction: No

EX TEMPORE JUDGMENT (REVISED)

Summary 1. These proceedings concern AB. He is a teenage boy who is currently in a medically induced coma in a Sydney hospital. This judgment sets out my reasons both for orders that I made last night at the end of a hearing conducted at the hospital for his treatment to continue, and for dismissing an oral application made by AB's mother this afternoon that her son be woken up and returned to the care of his parents.