Authority to treat: a comparative look at the jurisdiction, practice and procedure of the Supreme Court of Victoria, Children's Court of Victoria and Family Court of Australia in medical matters.
The medical treatment of children is a crucial interface of law and medicine. The problems in this emotive area of law are compounded by the current state of the law in Australia which is uncertain and fractured. It is the purpose of this article to examine the jurisdictions of the various courts that stand competent to order that a child undergo medical treatment in circumstances where the child's parents/guardian refuse to provide consent to such treatment. The problems associated with the present system are identified and proposals for the reform of the current system offered.
Keough
William J
WJ
University of Melbourne. wjkeough@austarmetro.com.au
D001315:Australia; D002648:Child; D002651:Child Advocacy / Q000331:legislation & jurisprudence; D002655:Child Custody / Q000331:legislation & jurisprudence*; D002669:Child Welfare / Q000331:legislation & jurisprudence; D006801:Humans; D033222:Judicial Role; D010287:Parent-Child Relations / Q000331:legislation & jurisprudence; D033282:Parental Consent / Q000331:legislation & jurisprudence*; D010344:Patient Advocacy / Q000331:legislation & jurisprudence