Re: Alice
Case
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[2015] FamCA 1225
•17 December 2015
Details
AGLC
Case
Decision Date
Re: Alice [2015] FamCA 1225
[2015] FamCA 1225
17 December 2015
CaseChat Overview and Summary
This matter concerned an application brought before Cleary J regarding the medical treatment of a child, Alice, for childhood gender dysphoria. The central dispute revolved around whether the Minister for the relevant Government Department, acting as the child welfare officer under the *Family Law Act 1975* (Cth), possessed the authority to consent to Phase 1 treatment for Alice.
The court was required to determine the legal issue of whether the Minister, in their capacity as the child welfare officer with parental responsibility, had the power under section 67ZC of the *Family Law Act 1975* (Cth) to authorise the administration of Phase 1 treatment for childhood gender dysphoria. A further consideration was the appropriate publication of the court's decision and orders, given the sensitive nature of the case and the need to protect Alice's identity.
Cleary J reasoned that the Minister, as the designated child welfare officer with parental responsibility for Alice, was indeed empowered by section 67ZC of the *Family Law Act 1975* (Cth) to authorise the commencement of Phase 1 treatment. The court also made extensive orders regarding the anonymisation of the judgment and court file to protect Alice's privacy, prohibiting publication of identifying details. Leave was granted to relist the matter concerning the child's name, noting that an order for an Independent Children's Lawyer would be considered if further applications for Phase 2 treatment were made.
The court was required to determine the legal issue of whether the Minister, in their capacity as the child welfare officer with parental responsibility, had the power under section 67ZC of the *Family Law Act 1975* (Cth) to authorise the administration of Phase 1 treatment for childhood gender dysphoria. A further consideration was the appropriate publication of the court's decision and orders, given the sensitive nature of the case and the need to protect Alice's identity.
Cleary J reasoned that the Minister, as the designated child welfare officer with parental responsibility for Alice, was indeed empowered by section 67ZC of the *Family Law Act 1975* (Cth) to authorise the commencement of Phase 1 treatment. The court also made extensive orders regarding the anonymisation of the judgment and court file to protect Alice's privacy, prohibiting publication of identifying details. Leave was granted to relist the matter concerning the child's name, noting that an order for an Independent Children's Lawyer would be considered if further applications for Phase 2 treatment were made.
Details
Key Legal Topics
Areas of Law
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Family Law
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Administrative Law
Legal Concepts
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Jurisdiction
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Natural Justice
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Procedural Fairness
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Standing
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Judicial Review
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Citations
Re: Alice [2015] FamCA 1225
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