Re Jacinta

In the matter of *Re Jacinta*, Austin J of the Supreme Court of New South Wales was required to determine whether a child, Jacinta, born in 1999 and diagnosed with Gender Dysphoria, was competent to consent to the administration of Phase 2 treatment for her condition. The proceedings involved Jacinta and her mother as applicants, seeking a declaration regarding her capacity to consent to medical treatment.

The central legal issue before the Court was the capacity of a minor to consent to medical treatment, specifically in the context of gender dysphoria and the proposed Phase 2 treatment. This required an assessment of Jacinta's maturity, understanding, and ability to make an informed decision about her medical care, notwithstanding her age.

Austin J applied the principles of common law regarding the capacity of minors to consent to medical treatment, often referred to as the *Gillick* competence principle. The Court found that Jacinta possessed the necessary understanding and intelligence to comprehend the nature and implications of the proposed treatment. Her ability to understand the benefits, risks, and alternatives, and to make a voluntary choice, led the Court to conclude that she was competent to consent. The Court also made orders to protect Jacinta's privacy by restricting the publication of identifying information and access to court records.