Darling Downs Hospital & Health Service v J

The Darling Downs Hospital & Health Service sought an order that J, a 13-year-old girl who is not more than 22 weeks pregnant, undergo a termination of pregnancy. The Hospital argued that without a court order, the termination might be unlawful. J is the subject of a long-term guardianship order, and the court had to decide if she could consent to the termination of her pregnancy, and if not, whether it was in her best interests. The court also had to consider the provisions of the Human Rights Act 2019 (Qld).

The court was required to determine whether J was Gillick competent, meaning she had the capacity to consent to the termination of her pregnancy. If the court found that J was not Gillick competent, it had to decide if authorising the termination was in her best interests and would promote her protection. The court had to consider the social circumstances and potential risks to J’s physical and psychological health if the pregnancy continued.

The court concluded that J was not Gillick competent to consent to the termination of her pregnancy. It found that the termination was necessary to avoid danger to J’s current and future physical and psychological health. The court issued a declaration that the termination of J’s pregnancy was necessary for her best interests, and ordered that J be permitted to undergo the termination. The termination was to be performed as soon as reasonably practicable.