❓ A WA parliamentary question addresses court orders preventing medical examinations of children in suspected sexual abuse cases, exploring the circumstances, dangers, and a doctor's duty of care.
AnsweredQoN 961Legislative Council
Asked
26 October 2006
Member
Portfolio
parliamentary secretary representing the Attorney General
QuestionView source ↗
CHILD SEXUAL ABUSE
I refer to court orders that prevent a mother from having her child examined by a doctor if she believes that the child has been the subject of sexual abuse. (1) Under what circumstances would a court order be obtained by a father to prevent the mother of his child from trying to prove that sexual abuse has occurred? (2) Does the Attorney General believe that this is a dangerous situation in which to place a child? (3) Can a doctor, under a duty of care, override the court order and examine the child if he or she suspects that that child is being sexually abused? (4) If a doctor examines a child knowing that a court order has been issued to prevent this from happening, where will the doctor stand according to the law? Hon SUE ELLERY
I refer to court orders that prevent a mother from having her child examined by a doctor if she believes that the child has been the subject of sexual abuse. (1) Under what circumstances would a court order be obtained by a father to prevent the mother of his child from trying to prove that sexual abuse has occurred? (2) Does the Attorney General believe that this is a dangerous situation in which to place a child? (3) Can a doctor, under a duty of care, override the court order and examine the child if he or she suspects that that child is being sexually abused? (4) If a doctor examines a child knowing that a court order has been issued to prevent this from happening, where will the doctor stand according to the law? Hon SUE ELLERY
AnswerView source ↗
I thank the honourable member for some notice of the question. (1) The Family Court may grant a temporary injunction preventing the medical examination of a child at the request of a parent under circumstances in which there is evidence that the child is at risk of suffering institutional abuse as a result of multiple examinations. An injunction may be granted if the child has previously attended one, if not more than one, medical practitioner in relation to the same allegation, and it would typically be a temporary order until the court could assess the best way to investigate abuse allegations. (2) No, if the injunction prevents multiple attendances to medical practitioners in a situation in which there is concern that the allegation may not be warranted, or that the multiple medical examinations may put the child at psychological or emotional risk. (3) Yes. (4) It is the parent who is restrained from taking the child to be examined who would be in breach of the court order, not the doctor conducting the examination, unless the order was explicit in stating that a doctor could not conduct such an examination.
(1) Under what circumstances would a court order be obtained by a father to prevent the mother of his child from trying to prove that sexual abuse has occurred? (2) Does the Attorney General believe that this is a dangerous situation in which to place a child? (3) Can a doctor, under a duty of care, override the court order and examine the child if he or she suspects that that child is being sexually abused? (4) If a doctor examines a child knowing that a court order has been issued to prevent this from happening, where will the doctor stand according to the law? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) The Family Court may grant a temporary injunction preventing the medical examination of a child at the request of a parent under circumstances in which there is evidence that the child is at risk of suffering institutional abuse as a result of multiple examinations. An injunction may be granted if the child has previously attended one, if not more than one, medical practitioner in relation to the same allegation, and it would typically be a temporary order until the court could assess the best way to investigate abuse allegations. (2) No, if the injunction prevents multiple attendances to medical practitioners in a situation in which there is concern that the allegation may not be warranted, or that the multiple medical examinations may put the child at psychological or emotional risk. (3) Yes. (4) It is the parent who is restrained from taking the child to be examined who would be in breach of the court order, not the doctor conducting the examination, unless the order was explicit in stating that a doctor could not conduct such an examination.
(2) Does the Attorney General believe that this is a dangerous situation in which to place a child? (3) Can a doctor, under a duty of care, override the court order and examine the child if he or she suspects that that child is being sexually abused? (4) If a doctor examines a child knowing that a court order has been issued to prevent this from happening, where will the doctor stand according to the law? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) The Family Court may grant a temporary injunction preventing the medical examination of a child at the request of a parent under circumstances in which there is evidence that the child is at risk of suffering institutional abuse as a result of multiple examinations. An injunction may be granted if the child has previously attended one, if not more than one, medical practitioner in relation to the same allegation, and it would typically be a temporary order until the court could assess the best way to investigate abuse allegations. (2) No, if the injunction prevents multiple attendances to medical practitioners in a situation in which there is concern that the allegation may not be warranted, or that the multiple medical examinations may put the child at psychological or emotional risk. (3) Yes. (4) It is the parent who is restrained from taking the child to be examined who would be in breach of the court order, not the doctor conducting the examination, unless the order was explicit in stating that a doctor could not conduct such an examination.
(3) Can a doctor, under a duty of care, override the court order and examine the child if he or she suspects that that child is being sexually abused? (4) If a doctor examines a child knowing that a court order has been issued to prevent this from happening, where will the doctor stand according to the law? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) The Family Court may grant a temporary injunction preventing the medical examination of a child at the request of a parent under circumstances in which there is evidence that the child is at risk of suffering institutional abuse as a result of multiple examinations. An injunction may be granted if the child has previously attended one, if not more than one, medical practitioner in relation to the same allegation, and it would typically be a temporary order until the court could assess the best way to investigate abuse allegations. (2) No, if the injunction prevents multiple attendances to medical practitioners in a situation in which there is concern that the allegation may not be warranted, or that the multiple medical examinations may put the child at psychological or emotional risk. (3) Yes. (4) It is the parent who is restrained from taking the child to be examined who would be in breach of the court order, not the doctor conducting the examination, unless the order was explicit in stating that a doctor could not conduct such an examination.
(4) If a doctor examines a child knowing that a court order has been issued to prevent this from happening, where will the doctor stand according to the law? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) The Family Court may grant a temporary injunction preventing the medical examination of a child at the request of a parent under circumstances in which there is evidence that the child is at risk of suffering institutional abuse as a result of multiple examinations. An injunction may be granted if the child has previously attended one, if not more than one, medical practitioner in relation to the same allegation, and it would typically be a temporary order until the court could assess the best way to investigate abuse allegations. (2) No, if the injunction prevents multiple attendances to medical practitioners in a situation in which there is concern that the allegation may not be warranted, or that the multiple medical examinations may put the child at psychological or emotional risk. (3) Yes. (4) It is the parent who is restrained from taking the child to be examined who would be in breach of the court order, not the doctor conducting the examination, unless the order was explicit in stating that a doctor could not conduct such an examination.
Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) The Family Court may grant a temporary injunction preventing the medical examination of a child at the request of a parent under circumstances in which there is evidence that the child is at risk of suffering institutional abuse as a result of multiple examinations. An injunction may be granted if the child has previously attended one, if not more than one, medical practitioner in relation to the same allegation, and it would typically be a temporary order until the court could assess the best way to investigate abuse allegations. (2) No, if the injunction prevents multiple attendances to medical practitioners in a situation in which there is concern that the allegation may not be warranted, or that the multiple medical examinations may put the child at psychological or emotional risk. (3) Yes. (4) It is the parent who is restrained from taking the child to be examined who would be in breach of the court order, not the doctor conducting the examination, unless the order was explicit in stating that a doctor could not conduct such an examination.
I thank the honourable member for some notice of the question. (1) The Family Court may grant a temporary injunction preventing the medical examination of a child at the request of a parent under circumstances in which there is evidence that the child is at risk of suffering institutional abuse as a result of multiple examinations. An injunction may be granted if the child has previously attended one, if not more than one, medical practitioner in relation to the same allegation, and it would typically be a temporary order until the court could assess the best way to investigate abuse allegations. (2) No, if the injunction prevents multiple attendances to medical practitioners in a situation in which there is concern that the allegation may not be warranted, or that the multiple medical examinations may put the child at psychological or emotional risk. (3) Yes. (4) It is the parent who is restrained from taking the child to be examined who would be in breach of the court order, not the doctor conducting the examination, unless the order was explicit in stating that a doctor could not conduct such an examination.
(1) The Family Court may grant a temporary injunction preventing the medical examination of a child at the request of a parent under circumstances in which there is evidence that the child is at risk of suffering institutional abuse as a result of multiple examinations. An injunction may be granted if the child has previously attended one, if not more than one, medical practitioner in relation to the same allegation, and it would typically be a temporary order until the court could assess the best way to investigate abuse allegations. (2) No, if the injunction prevents multiple attendances to medical practitioners in a situation in which there is concern that the allegation may not be warranted, or that the multiple medical examinations may put the child at psychological or emotional risk. (3) Yes. (4) It is the parent who is restrained from taking the child to be examined who would be in breach of the court order, not the doctor conducting the examination, unless the order was explicit in stating that a doctor could not conduct such an examination.
(2) No, if the injunction prevents multiple attendances to medical practitioners in a situation in which there is concern that the allegation may not be warranted, or that the multiple medical examinations may put the child at psychological or emotional risk. (3) Yes. (4) It is the parent who is restrained from taking the child to be examined who would be in breach of the court order, not the doctor conducting the examination, unless the order was explicit in stating that a doctor could not conduct such an examination.
(3) Yes. (4) It is the parent who is restrained from taking the child to be examined who would be in breach of the court order, not the doctor conducting the examination, unless the order was explicit in stating that a doctor could not conduct such an examination.
(4) It is the parent who is restrained from taking the child to be examined who would be in breach of the court order, not the doctor conducting the examination, unless the order was explicit in stating that a doctor could not conduct such an examination.
(1) Under what circumstances would a court order be obtained by a father to prevent the mother of his child from trying to prove that sexual abuse has occurred? (2) Does the Attorney General believe that this is a dangerous situation in which to place a child? (3) Can a doctor, under a duty of care, override the court order and examine the child if he or she suspects that that child is being sexually abused? (4) If a doctor examines a child knowing that a court order has been issued to prevent this from happening, where will the doctor stand according to the law? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) The Family Court may grant a temporary injunction preventing the medical examination of a child at the request of a parent under circumstances in which there is evidence that the child is at risk of suffering institutional abuse as a result of multiple examinations. An injunction may be granted if the child has previously attended one, if not more than one, medical practitioner in relation to the same allegation, and it would typically be a temporary order until the court could assess the best way to investigate abuse allegations. (2) No, if the injunction prevents multiple attendances to medical practitioners in a situation in which there is concern that the allegation may not be warranted, or that the multiple medical examinations may put the child at psychological or emotional risk. (3) Yes. (4) It is the parent who is restrained from taking the child to be examined who would be in breach of the court order, not the doctor conducting the examination, unless the order was explicit in stating that a doctor could not conduct such an examination.
(2) Does the Attorney General believe that this is a dangerous situation in which to place a child? (3) Can a doctor, under a duty of care, override the court order and examine the child if he or she suspects that that child is being sexually abused? (4) If a doctor examines a child knowing that a court order has been issued to prevent this from happening, where will the doctor stand according to the law? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) The Family Court may grant a temporary injunction preventing the medical examination of a child at the request of a parent under circumstances in which there is evidence that the child is at risk of suffering institutional abuse as a result of multiple examinations. An injunction may be granted if the child has previously attended one, if not more than one, medical practitioner in relation to the same allegation, and it would typically be a temporary order until the court could assess the best way to investigate abuse allegations. (2) No, if the injunction prevents multiple attendances to medical practitioners in a situation in which there is concern that the allegation may not be warranted, or that the multiple medical examinations may put the child at psychological or emotional risk. (3) Yes. (4) It is the parent who is restrained from taking the child to be examined who would be in breach of the court order, not the doctor conducting the examination, unless the order was explicit in stating that a doctor could not conduct such an examination.
(3) Can a doctor, under a duty of care, override the court order and examine the child if he or she suspects that that child is being sexually abused? (4) If a doctor examines a child knowing that a court order has been issued to prevent this from happening, where will the doctor stand according to the law? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) The Family Court may grant a temporary injunction preventing the medical examination of a child at the request of a parent under circumstances in which there is evidence that the child is at risk of suffering institutional abuse as a result of multiple examinations. An injunction may be granted if the child has previously attended one, if not more than one, medical practitioner in relation to the same allegation, and it would typically be a temporary order until the court could assess the best way to investigate abuse allegations. (2) No, if the injunction prevents multiple attendances to medical practitioners in a situation in which there is concern that the allegation may not be warranted, or that the multiple medical examinations may put the child at psychological or emotional risk. (3) Yes. (4) It is the parent who is restrained from taking the child to be examined who would be in breach of the court order, not the doctor conducting the examination, unless the order was explicit in stating that a doctor could not conduct such an examination.
(4) If a doctor examines a child knowing that a court order has been issued to prevent this from happening, where will the doctor stand according to the law? Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) The Family Court may grant a temporary injunction preventing the medical examination of a child at the request of a parent under circumstances in which there is evidence that the child is at risk of suffering institutional abuse as a result of multiple examinations. An injunction may be granted if the child has previously attended one, if not more than one, medical practitioner in relation to the same allegation, and it would typically be a temporary order until the court could assess the best way to investigate abuse allegations. (2) No, if the injunction prevents multiple attendances to medical practitioners in a situation in which there is concern that the allegation may not be warranted, or that the multiple medical examinations may put the child at psychological or emotional risk. (3) Yes. (4) It is the parent who is restrained from taking the child to be examined who would be in breach of the court order, not the doctor conducting the examination, unless the order was explicit in stating that a doctor could not conduct such an examination.
Hon SUE ELLERY replied: I thank the honourable member for some notice of the question. (1) The Family Court may grant a temporary injunction preventing the medical examination of a child at the request of a parent under circumstances in which there is evidence that the child is at risk of suffering institutional abuse as a result of multiple examinations. An injunction may be granted if the child has previously attended one, if not more than one, medical practitioner in relation to the same allegation, and it would typically be a temporary order until the court could assess the best way to investigate abuse allegations. (2) No, if the injunction prevents multiple attendances to medical practitioners in a situation in which there is concern that the allegation may not be warranted, or that the multiple medical examinations may put the child at psychological or emotional risk. (3) Yes. (4) It is the parent who is restrained from taking the child to be examined who would be in breach of the court order, not the doctor conducting the examination, unless the order was explicit in stating that a doctor could not conduct such an examination.
I thank the honourable member for some notice of the question. (1) The Family Court may grant a temporary injunction preventing the medical examination of a child at the request of a parent under circumstances in which there is evidence that the child is at risk of suffering institutional abuse as a result of multiple examinations. An injunction may be granted if the child has previously attended one, if not more than one, medical practitioner in relation to the same allegation, and it would typically be a temporary order until the court could assess the best way to investigate abuse allegations. (2) No, if the injunction prevents multiple attendances to medical practitioners in a situation in which there is concern that the allegation may not be warranted, or that the multiple medical examinations may put the child at psychological or emotional risk. (3) Yes. (4) It is the parent who is restrained from taking the child to be examined who would be in breach of the court order, not the doctor conducting the examination, unless the order was explicit in stating that a doctor could not conduct such an examination.
(1) The Family Court may grant a temporary injunction preventing the medical examination of a child at the request of a parent under circumstances in which there is evidence that the child is at risk of suffering institutional abuse as a result of multiple examinations. An injunction may be granted if the child has previously attended one, if not more than one, medical practitioner in relation to the same allegation, and it would typically be a temporary order until the court could assess the best way to investigate abuse allegations. (2) No, if the injunction prevents multiple attendances to medical practitioners in a situation in which there is concern that the allegation may not be warranted, or that the multiple medical examinations may put the child at psychological or emotional risk. (3) Yes. (4) It is the parent who is restrained from taking the child to be examined who would be in breach of the court order, not the doctor conducting the examination, unless the order was explicit in stating that a doctor could not conduct such an examination.
(2) No, if the injunction prevents multiple attendances to medical practitioners in a situation in which there is concern that the allegation may not be warranted, or that the multiple medical examinations may put the child at psychological or emotional risk. (3) Yes. (4) It is the parent who is restrained from taking the child to be examined who would be in breach of the court order, not the doctor conducting the examination, unless the order was explicit in stating that a doctor could not conduct such an examination.
(3) Yes. (4) It is the parent who is restrained from taking the child to be examined who would be in breach of the court order, not the doctor conducting the examination, unless the order was explicit in stating that a doctor could not conduct such an examination.
(4) It is the parent who is restrained from taking the child to be examined who would be in breach of the court order, not the doctor conducting the examination, unless the order was explicit in stating that a doctor could not conduct such an examination.
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