Sir Grappler Truth Teller OAM wrote on May 19
th, 2023 at 12:12am:
In Australia, any person
over the age of 18 years is deemed
competent to make decisions about their own medical treatment,
but it’s slightly different for people under 18.
A Family Court of Australia ruling (Re Kelvin, 2017) overturned an
existing law that required all young people and their parents/carers
to go to Court to commence gender affirming hormones prior to age
18. This ruling was further clarified in the judgement of
Re Imogen
20204 to mean that gender affirming treatment can be commenced
in Australia with people under 18
only when there is no dispute
between parents (or those with parental responsibility), the medical
practitioner and the young person themselves with regard to:
• The
Gillick competence of an adolescent; or
• A diagnosis of gender dysphoria; or
• Proposed treatment for gender dysphoria.
Medical practitioners seeing patients under the age of 18
are unable
to initiate puberty blockers or gender affirming hormonal treatment
without first ascertaining whether or not a child’s parents or legal
guardians consent to the proposed treatment. If there is a dispute
about consent or treatment, a doctor should not administer puberty
blockers (“Stage 1”), hormones (“Stage 2”) or surgical intervention
(“Stage 3”) without court authorisation.
For trans people under 18 whose parents, carers or guardians will not consent
to starting hormones,
the Family Court must be involved.
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