Re: Celeste
Case
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[2016] FamCA 503
•29 March 2016
Details
AGLC
Case
Decision Date
Re: Celeste [2016] FamCA 503
[2016] FamCA 503
29 March 2016
CaseChat Overview and Summary
In the matter of *Re: Celeste*, Johnston J of the Supreme Court of [State of Australia] was required to determine the competency of a minor, Celeste, to consent to medical treatment for gender dysphoria. The proceedings concerned the administration of Stage 2 treatment for this condition, as defined by the DSM-5.
The central legal issue before the Court was whether Celeste possessed the requisite capacity to consent to the proposed medical treatment. This involved an assessment of her maturity, understanding, and ability to make an informed decision regarding her healthcare.
Johnston J applied the principles of common law regarding the capacity of minors to consent to medical treatment. The Court considered Celeste's age, her understanding of the nature and consequences of the proposed treatment, and her ability to make a voluntary and informed choice. Having assessed these factors, the Court declared that Celeste was competent to consent to the administration of Stage 2 treatment for gender dysphoria.
Consequently, the Court granted leave to apply on short notice for the implementation of this declaration and any associated matters. The Court also made extensive orders for the anonymisation of the proceedings and the protection of Celeste's identity, prohibiting publication of her full name and any identifying details. The appointment of the Independent Children’s Lawyer was discharged, and all other existing applications were dismissed.
The central legal issue before the Court was whether Celeste possessed the requisite capacity to consent to the proposed medical treatment. This involved an assessment of her maturity, understanding, and ability to make an informed decision regarding her healthcare.
Johnston J applied the principles of common law regarding the capacity of minors to consent to medical treatment. The Court considered Celeste's age, her understanding of the nature and consequences of the proposed treatment, and her ability to make a voluntary and informed choice. Having assessed these factors, the Court declared that Celeste was competent to consent to the administration of Stage 2 treatment for gender dysphoria.
Consequently, the Court granted leave to apply on short notice for the implementation of this declaration and any associated matters. The Court also made extensive orders for the anonymisation of the proceedings and the protection of Celeste's identity, prohibiting publication of her full name and any identifying details. The appointment of the Independent Children’s Lawyer was discharged, and all other existing applications were dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Administrative Law
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Statutory Interpretation
Legal Concepts
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Consent
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Jurisdiction
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Judicial Review
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Standing
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Procedural Fairness
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Citations
Re: Celeste [2016] FamCA 503
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