Re: Andy

Case

[2017] FamCA 966

16 November 2017


Details
AGLC Case Decision Date
Re: Andy [2017] FamCA 966 [2017] FamCA 966 16 November 2017

CaseChat Overview and Summary

In the matter of *Re: Andy*, Cleary J of the Family Court of Australia considered an application concerning the medical treatment of a child, referred to as Andy. The central dispute involved whether Andy, a child, possessed the legal capacity to consent to medical treatment for Gender Dysphoria.

The primary legal issue before the Court was to determine if Andy was competent, in accordance with the principles established in *Gillick v West Norfolk and Wisbech Area Health Authority* [1986] AC 112, to consent to "Phase 2" treatment. This treatment specifically entailed the administration of hormonal medication aimed at initiating the development of secondary sexual characteristics and the appearance of the male sex.

Cleary J applied the established legal test for Gillick competence, which requires consideration of whether a child has sufficient intelligence, understanding, and maturity to comprehend the nature and implications of the proposed treatment. The Court found that Andy was indeed Gillick competent to consent to the proposed hormonal treatment. The judgment also included extensive orders for anonymity to protect the identity of the child and all parties involved, prohibiting publication of any identifying details and restricting access to the court file.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Consent

  • Jurisdiction

  • Natural Justice

  • Procedural Fairness

  • Standing

  • Judicial Review

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