Z D v Secretary to the Department of Health and Human Services & Anor [2017] VSC 806

COURTS, HUMAN RIGHTS, STATUTORY INTERPRETATION
Judgment type: 
Supreme Court of Victoria
Judge(s): 
Osborn JA
Parties: 

Z D v Secretary to the Department of Health and Human Services & Anor

Judgment Date: 
22 December 2017
Catchwords: 

COURTS - Appeal from decision of Children's Court Magistrate in respect of condition to vaccinate children imposed in the best interests of the child as part of interim accommodation order pursuant to s263(7) of the Children Youth and Families Act 2005 - Whether decision beyond power or otherwise misconceived nature and scope of power - Whether power extends to making decisions with significant long-term consequences for child - Appeal dismissed.

HUMAN RIGHTS - Best interests of the child - Charter of Human Rights and Responsibilities Act 2006 considered.

STATUTORY INTERPRETATION - Meaning of 'any condition'' for the purpose of s263(7) of the Children Youth and Families Act 2005.

Citation: 
[2017] VSC 806