Secretary, Department of Health and Community Services v JWB (Marion's Case)
175 CLR 218106 ALR 385
Judges:
Mason CJ
Brennan J
Deane J
Dawson J
Toohey J
Gaudron J
McHugh J
Judgment date: 6 May 1992
Canberra
ORDER
Appeal allowed.
Set aside the answers to the case stated given by the Full Court of the Family Court.
Answer the questions in the case stated as follows:
Question: (1) Can the Applicants (the respondents in this Court) as joint guardians of the child (Marion) lawfully authorise the carrying out in the Northern Territory, of a sterilisation procedure upon the said child without an order of a Court?
Answer: No.
Question: (2) If no to question 1, does the Family Court of Australia have jurisdiction:
- (a)
- to authorise the carrying out of such a procedure; or
- (b)
- to approve the consent of the Applicants, as guardians of the said child, to the proposed procedure to make the procedure lawful?
Answer: (a) Yes. (b) No. (c) No, though in authorising the carrying out of such a procedure, the Family Court may, if necessary, permit the Applicants to give any requisite consent.
Question: (3) Which (if any) of the steps referred to in (a), (b) or (c) of question 2 is required by law?
Answer: The step referred to in question 2(a) is required by law.