Re: Harley

In the matter of *Re: Harley*, heard by Bennett J in the Federal Court of Australia, the proceedings concerned the capacity of a child, referred to as Harley, to consent to medical treatment for gender identity dysphoria. The application sought declarations regarding Harley's competence to make such decisions.

The central legal issue before the Court was whether Harley, a child, possessed the legal capacity to consent to or refuse medical treatment for gender identity dysphoria, as advised by medical practitioners. The Court was required to determine the age and maturity at which a child can exercise such autonomy in relation to medical interventions.

Bennett J reasoned that Harley, by virtue of his age and maturity, was competent to consent to or refuse medical treatment for gender identity dysphoria. The Court applied principles of common law concerning the capacity of minors to consent to medical treatment, often referred to as the *Gillick* competence principle, which assesses a child's understanding and intelligence to comprehend the nature and implications of the proposed treatment. The Court also made orders for the strict anonymisation of the proceedings and restricted access to the court file to protect Harley's privacy. The application was otherwise dismissed.