Re: Benjamin

The proceedings concerned Benjamin, a child diagnosed with Gender Dysphoria, and the capacity of Benjamin to consent to stage two treatment for this condition. The matter came before Tree J.

The central legal issue before the court was whether Benjamin, as a child, possessed the legal capacity to consent to the proposed medical treatment for Gender Dysphoria. This required the court to consider the principles of medical consent for minors under Australian law.

Tree J determined that Benjamin was competent to consent to the administration of stage two treatment. The court applied the established legal principles regarding the capacity of minors to consent to medical treatment, which assess the child's understanding and intelligence to comprehend the nature and implications of the proposed treatment. The court also made extensive orders regarding the publication and access to the judgment and orders, prioritising Benjamin's privacy and anonymity while allowing for necessary disclosure to treating practitioners and Benjamin himself.