Commonwealth Numbered Regulations

1992 No. 304 FAMILY LAW RULES (AMENDMENT) - RULE 3

3.1 Insert after Order 23A:

"ORDER 23B-SPECIAL MEDICAL PROCEDURES Approval of medical procedures for
children

"1. This Order applies to applications for a declaration that a person is
authorised to consent to a medical or surgical procedure for a child. Who may
apply for a medical procedure order?

"2. (1) An application may be made to a Family Court for:

   (a)  a declaration that the applicant or another named person is authorised
        to consent to the carrying out of a medical or surgical procedure for
        a child; and

   (b)  any necessary consequential orders.

(2) An application may be made by:

   (a)  a parent, guardian or custodian of the child; or

   (b)  any other person who has an interest in the welfare of the child. Form
        of application

"3. Despite any other provision of these Rules, an application must be made in
accordance with Form 8 with any appropriate modifications. Respondent to
application

"4. If a parent, guardian or custodian of the child is not an applicant, that
parent, guardian or custodian must be joined as a respondent to the
application. Affidavits supporting the application

"5. (1) The applicant must file with the application an affidavit or
affidavits to which are annexed relevant reports by medical, psychological or
other experts.

(2) An affidavit or report must set out:

   (a)  the exact nature and purpose of the proposed medical or surgical
        procedure; and

   (b)  the likely long term social and psychological effects of the procedure
        on the child; and

   (c)  that:

        (i)    alternative and less invasive procedures or treatments would
               be, or have proved to be, inadequate; and

        (ii)   the procedure proposed is necessary for the welfare of the
               child; and

        (iii)  the child is incapable of making his or her own decision about
               undergoing the procedure; and

        (iv)   the child is unlikely to develop sufficiently to be able to
               make an informed judgment about undergoing the procedure within
               the time in which the procedure should be carried out, or
               within the foreseeable future; and

   (d)  any other reasons for granting the application. Return date of
        application

"6. An application must be made returnable before a judge of a Family Court as
soon as possible, and in any case, if possible, within 14 days after the date
of issue. Proceedings on return day

"7. On the return day of an application the Court may:

   (a)  make the child a party and appoint a person as the next friend of the
        child; or

   (b)  appoint a separate representative of the child; or

   (c)  join any other appropriate person as a respondent; or

   (d)  direct service of the application and affidavits on any other person
        or persons, as the Court thinks proper; or

   (e)  fix a date for the hearing of the application before a Judge of a
        Family Court; or

   (f)  make any orders or give any other directions, as the Court thinks
        proper; or

   (g)  hear and determine the application. Hearing an application

"8. On hearing the application the Court may:

   (a)  grant the application; or

   (b)  refuse the application; or

   (c)  grant an injunction or any other relief the Court thinks proper; or

   (d)  make any declaration or order the Court thinks proper.".