Re Vernon

In the Family Court of Australia, the Director-General of the Department of Communities, Child Safety and Disability Services and the Minister for Communities, Child Safety and Disability Services sought orders concerning a 13-year-old boy with a form of autism, developmental problems and an extensive history of physical aggression, violent and anti-social behaviour. The Director-General and the Minister sought orders for the child to be placed in the care of a different institution to instigate a plan for his future care. They also sought orders that would allow the new institution to restrain and medicate the child. The court was required to determine whether such orders could be made under the parens patriae jurisdiction.

The court considered whether the power of the court to make orders in the best interests of a child included the power to make orders that could result in the child being restrained and medicated. The court found that the power of the court in parens patriae jurisdiction extended to making orders that were in the best interests of the child, including orders that could result in the child being restrained and medicated. The court held that the Director-General and the Minister had the authority to seek such orders on behalf of the child. The court found that the orders sought were in the best interests of the child and made the orders sought.

The court made orders that the child be placed in the care of a different institution to instigate a plan for his future care. The court also made orders that allowed the new institution to restrain and medicate the child whilst he was in their care. The court found that these orders were in the best interests of the child and necessary to ensure his safety and well-being.