The parens patriae jurisdiction of the Supreme Court extends to authorising medical treatment for a mature minor who is competent to consent but refuses treatment, including on religious grounds. The Gillick 'mature minor' doctrine does not limit the court's jurisdiction or impose a categorical restriction on relief. Section 174 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) does not constitute a statutory code precluding the exercise of the parens patriae jurisdiction. In exercising the jurisdiction, the court must reconcile the fundamental principles of sanctity of life and individual autonomy, with the state's interest in preserving life being at its highest with respect to children and young persons.
The full text is available to signed-in members, including the 23 later cases that cite this judgment.
3 of the 23 citing cases carry a classified treatment. How each court treated it is available to signed-in members.