ABSTRACT
In New South Wales, the age of the child will determine which statute governs the possible sterilisation procedure. If the child is under 16, the appropriate Act will be the Children (Care and Protection) Act 1987 (NSW). Section 20B of the Act provides that a registered medical practitioner can only perform ‘special medical treatment’ on a child under 16 if that practitioner believes that it is necessary, as a matter of urgency, to carry out the treatment to save the child’s life or to prevent serious damage to the child’s health. Alternatively, the Australian Supreme Court can consent to the carrying out of the treatment, but only if it is satisfied that the treatment is necessary to save the child’s life or prevent serious damage to health.
