Re: Drew

In the matter of Drew, Johnston J of the Supreme Court of [State of Australia] was required to determine whether a child named Drew, born in 1999, was competent to consent to medical treatment for gender dysphoria. The specific treatment in question was Phase 2 treatment for the condition as defined in the Diagnostic and Statistical Manual of Mental Disorders (5th ed. 2013).

The central legal issue before the Court was the capacity of a minor to consent to medical treatment for gender dysphoria. This involved an assessment of Drew's maturity and understanding of the proposed treatment and its implications. The Court also considered the appropriate orders to be made regarding the declaration of competency and the publication of the proceedings.

Johnston J declared that Drew was competent to consent to the administration of Phase 2 treatment for gender dysphoria. The Court granted leave to apply on short notice concerning the implementation of this declaration and any associated matters. To protect Drew's privacy, the Court ordered that his full name, family members' names, the hospital, the Independent Children's Lawyer, medical practitioners, school, court file number, any Family Consultant, the state of Australia where proceedings were initiated, the parents' lawyers' names, and any other identifying information were not to be published. Only anonymised reasons for judgment and orders were to be released to non-parties. Furthermore, no person was permitted to search the court file without prior judicial leave. All other existing applications were dismissed, the case was removed from the list of cases awaiting finalisation, and the appointment of the Independent Children's Lawyer was discharged.