To provide guidance to child protection workers regarding the sterilisation of a child in the care of the Chief Executive Officer (CEO) of the Department of Communities with intellectual disability.
The Family Court has sole responsibility for decision making in relation to the sterilisation of a child. The Department does not have the power to confirm or reject a request for the sterilisation of a child in the CEO’s care.
Our primary role is to make an assessment about whether we will make or support an application to the Family Court. Some of the key issues which need to be considered include the following:
If consideration regarding the sterilisation of a child in the care of the CEO with intellectual disability arises, the issue must be raised with the district director. The district director may convene a meeting, in the first instance, with the Executive Director State-wide and South East orExecutive Director State-wide and South West, General Manager Professional Practice Unit and General Counsel.
Child protection workers can refer to the Memorandum of understanding between the Department and the Public Advocate in related resources.