Central Queensland Hospital and Health Service v Q

In the case of Central Queensland Hospital and Health Service v Q, a 12-year-old girl who was 9 weeks pregnant sought authorisation from the Queensland Supreme Court to terminate her pregnancy. The girl was a patient of a public hospital, which was represented by the Central Queensland Hospital and Health Service. The central legal issues in this case were whether the girl could provide informed consent for the termination of her pregnancy, whether the continuation of the pregnancy posed a danger to her mental and physical health, and if the termination was lawful under the relevant statutes.

The court examined the statutory provisions under which the termination could be justified, specifically sections 282 and 286 of the Code. Section 282 exempts medical professionals from criminal responsibility when performing a medical procedure in good faith and with reasonable care if it is for the benefit of the patient or to preserve the mother's life. Section 286 imposes a duty on those responsible for the care of a child under 16 to protect the child from danger, including to their health. The court held that these provisions extended to the hospital and doctors responsible for Q's care, thereby justifying the termination to avoid danger to her health. The court also concluded that Q, while understanding the immediate risks of the procedure, lacked the comprehension necessary to make an informed decision regarding the long-term consequences of continuing the pregnancy.

The court ruled that the termination of Q's pregnancy was necessary to avoid danger to her mental and physical health and was lawful. It declared that the therapeutic administration of Mifepristone and Misoprostol, and if necessary, surgical intervention, were permissible. The court ordered that Q be permitted to undergo the termination, to be performed by the hospital's servants or agents by a specified date, and provided for the suppression of Q's identity and the details of the proceedings.