Re: Colin (Gender Dysphoria)

Case

[2014] FamCA 449


Details
AGLC Case Decision Date
Re: Colin (Gender Dysphoria) [2014] FamCA 449 [2014] FamCA 449

CaseChat Overview and Summary

The applicants, Colin's parents, sought declarations from the Family Court of Australia concerning medical treatment for their child, Colin, who suffers from gender dysphoria. The primary application sought a declaration that Colin, aged 15 years and 8 months, was competent to consent to Phase 2 treatment for his condition. Alternatively, the parents sought authorisation to consent to this treatment on Colin's behalf. Phase 2 treatment involves hormone therapy to induce the development of secondary sexual characteristics aligned with the affirmed gender and is not readily reversible.

The central legal issue before the Court was whether Colin possessed sufficient understanding and intelligence to consent to Phase 2 treatment, thereby meeting the standard of Gillick competence. This standard, established in *Gillick v West Norfolk and Wisbech Area Health Authority*, determines when a minor can consent to medical treatment without parental authorisation. The Court was also required to consider the implications of *Re Jamie* regarding the necessity of court authorisation for such treatments in the absence of dispute.

The Court's reasoning focused on assessing Colin's maturity and understanding of the proposed Phase 2 treatment. Evidence presented indicated that Colin had identified and behaved as male from a very young age, had undergone Phase 1 treatment with court authorisation, and was experiencing severe depression. Crucially, his treating medical experts, including a paediatrician and a child psychiatrist, were of the opinion that Colin met the Gillick standard and was competent to authorise his own Phase 2 treatment. The Court noted that the parents and medical practitioners supported Colin commencing this treatment, which aligns with international protocols for managing gender dysphoria in adolescents.

The Court declared that Colin, born in 1998, was competent to consent to the administration of Phase 2 treatment for gender dysphoria. The Court also granted leave to apply on short notice regarding the implementation of this declaration and made extensive orders to protect Colin's privacy, including suppressing identifying details from publication and restricting access to the court file. The Court also noted that the pseudonym "Re: Colin (Gender Dysphoria)" was approved by the Chief Justice pursuant to s 121(9)(g) of the *Family Law Act 1975* (Cth).
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Judicial Review

  • Standing

  • Consent

  • Procedural Fairness

  • Remedies

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Most Recent Citation
Re: Darcey [2015] FamCA 409

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Re: Darcey [2015] FamCA 409
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