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Other Jurisdictions

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ZD v Secretary to the Department of Health and Human Services
[2017] VSC 806
Justice JA Osborn
22 December 2017
PDF, 298 KB

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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 s 263(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 INTERPREATION – Meaning of ‘any condition’ for the purpose of s 263(7) of the Children Youth and Families Act 2005.