Dacombe & Paddison

The father appealed from an order made by a judge of the Federal Circuit and Family Court of Australia (Division 2) on 8 November 2021. That order authorised the mother to vaccinate the parties’ child against COVID-19, provided certain conditions were met. The appeal was listed to afford the father an opportunity to submit why the appeal should not be summarily dismissed. The father pleaded four grounds of appeal. The first contended the order was not made with his consent. The remaining three contended the primary judge lacked power to make the appealed order.

The court found the father’s first contention was false. The transcript revealed the father did consent to the order. The father’s remaining contentions were also found to be wrong. The Constitution of Australia enables the federal parliament to make laws about the provision of medical and dental services. However, that power does not authorise civil conscription. Regardless of its breadth, the concept of “civil conscription” has nothing to do with the legislative power to make orders for the vaccination of children. The provisions of the Family Law Act amply afford the Court discretionary power to make orders about the medical treatment of children. The father’s assertions to the contrary were misconceived.

Given the appeal grounds had no reasonable prospect of success, the appeal was summarily dismissed.