Global InformationSecretary of the Department of Health and Community Services v JWB information
| Marion's Case | |
|---|---|
 | |
| Court | High Court of Australia |
| Full case name | Secretary, Department of Health and Community Services v JWB and SMB |
| Decided | 6 May 1992 |
| Citations | [1992] HCA 15, (1992) 175 CLR 218 |
| Case history | |
| Prior action | Re Marion (No 2) (1992) 17 Fam LR 336 |
| Appealed from | Family Court (Full Court) |
| Court membership | |
| Judges sitting | Mason CJ, Brennan, Deane, Dawson, Toohey, Gaudron & McHugh JJ |
| Case opinions | |
| (4:3) the decision to sterilize an intellectually disabled minor falls outside the ordinary scope of parental powers (per Mason CJ, Dawson, Toohey & Gaudron JJ.) (6:1) the Family Court had jurisdiction to decide whether sterilization was in the best interests of the child (per Mason CJ, Deane, Dawson, Toohey, Gaudron & McHugh JJ.) | |
Secretary of the Department of Health and Community Services v JWB and SMB, commonly known as Marion's Case,[1] is a leading decision of the High Court of Australia,[2] concerning whether a child has the capacity to make decisions for themselves, and when this is not possible, who may make decisions for them regarding major medical procedures. It largely adopts the views in Gillick v West Norfolk Area Health Authority, a decision of the House of Lords in England and Wales.[3]
- ^ Secretary, Department of Health and Community Services v JWB and SMB (Marion's case) [1992] HCA 15, (1992) 175 CLR 218 (6 May 1992), High Court.
- ^ LawCite records.
- ^ Gillick v West Norfolk and Wisbech AHA [1985] UKHL 7, [1986] AC 112, House of Lords (UK).