Re: Desi
Case
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[2017] FamCA 203
•13 March 2017
Details
AGLC
Case
Decision Date
Re: Desi [2017] FamCA 203
[2017] FamCA 203
13 March 2017
CaseChat Overview and Summary
The matter of *Re: Desi* concerned an application before Johnston J for a declaration regarding the competency of a child, Desi, to consent to Stage 2 treatment for Gender Dysphoria. The dispute centred on whether Desi possessed the capacity to provide informed consent to this medical intervention, which involved the administration of testosterone.
The court was required to determine two primary legal issues. Firstly, whether Desi was capable of weighing the advantages and disadvantages of the proposed treatment and arriving at an informed decision. Secondly, whether Desi understood that Stage 2 treatment would not necessarily resolve all pre-existing psychological and social difficulties. The court applied the *Gillick* standard, which assesses a child's competence to consent to medical treatment based on their understanding and maturity.
Johnston J found, based on expert evidence from Dr K and Dr H, as well as testimony from Desi's mother, that Desi demonstrated a clear understanding of the proposed treatment, its potential benefits, disadvantages, and the permanence of certain effects. Desi acknowledged potential side effects, including acne, hair loss, and risks such as liver reactions and increased blood pressure, but expressed a view that the advantages outweighed the disadvantages. He also understood that the treatment would not resolve all his existing problems but believed it was necessary to prevent his depression from worsening. The court was satisfied that Desi had processed the relevant information, weighed the pros and cons, and could make a clear judgment about undertaking the treatment.
Consequently, the court made orders declaring that Desi was competent to consent to the administration of Stage 2 treatment for Gender Dysphoria. The orders also imposed strict publication restrictions to protect Desi's anonymity and required leave of a judge to search the court file.
The court was required to determine two primary legal issues. Firstly, whether Desi was capable of weighing the advantages and disadvantages of the proposed treatment and arriving at an informed decision. Secondly, whether Desi understood that Stage 2 treatment would not necessarily resolve all pre-existing psychological and social difficulties. The court applied the *Gillick* standard, which assesses a child's competence to consent to medical treatment based on their understanding and maturity.
Johnston J found, based on expert evidence from Dr K and Dr H, as well as testimony from Desi's mother, that Desi demonstrated a clear understanding of the proposed treatment, its potential benefits, disadvantages, and the permanence of certain effects. Desi acknowledged potential side effects, including acne, hair loss, and risks such as liver reactions and increased blood pressure, but expressed a view that the advantages outweighed the disadvantages. He also understood that the treatment would not resolve all his existing problems but believed it was necessary to prevent his depression from worsening. The court was satisfied that Desi had processed the relevant information, weighed the pros and cons, and could make a clear judgment about undertaking the treatment.
Consequently, the court made orders declaring that Desi was competent to consent to the administration of Stage 2 treatment for Gender Dysphoria. The orders also imposed strict publication restrictions to protect Desi's anonymity and required leave of a judge to search the court file.
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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Consent
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Expert Evidence
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Judicial Review
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Natural Justice
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Procedural Fairness
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Standing
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Citations
Re: Desi [2017] FamCA 203
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