Re: Jamie
Case
•
[2015] FamCA 455
•16 June 2015
Details
AGLC
Case
Decision Date
Re: Jamie [2015] FamCA 455
[2015] FamCA 455
16 June 2015
CaseChat Overview and Summary
In the matter of *Re: Jamie*, Thornton J of the Family Court of Australia considered an application by the parents of a 15-year-old child, referred to as Jamie, who had been diagnosed with gender dysphoria. The parents sought a declaration that Jamie was competent to authorise her own stage two treatment for gender dysphoria, a course of treatment supported by her treating medical experts and her parents.
The central legal issue before the court was whether Jamie possessed the requisite capacity, often referred to as "Gillick competence," to consent to the proposed medical treatment. This involved assessing whether Jamie, at 15 years of age, had sufficient understanding and intelligence to be able to give or withhold consent to the medical intervention.
Thornton J applied the principles of Gillick competence, which require a child to demonstrate a clear and consistent understanding of the nature and implications of the proposed treatment. The court was satisfied that Jamie possessed this capacity. Consequently, the court found that Jamie was competent to consent to the administration of oestrogen by oestradiol valerate and the administration of a testosterone blocker by spironolactone, as recommended by her treating medical practitioners, for the treatment of her gender dysphoria.
The court made orders authorising Jamie to make her own decision regarding this stage two treatment. The proceedings were to be conducted and published in an anonymised manner to protect Jamie's privacy, with specific exceptions allowing for the disclosure of identifying details to her treating medical practitioners and family members.
The central legal issue before the court was whether Jamie possessed the requisite capacity, often referred to as "Gillick competence," to consent to the proposed medical treatment. This involved assessing whether Jamie, at 15 years of age, had sufficient understanding and intelligence to be able to give or withhold consent to the medical intervention.
Thornton J applied the principles of Gillick competence, which require a child to demonstrate a clear and consistent understanding of the nature and implications of the proposed treatment. The court was satisfied that Jamie possessed this capacity. Consequently, the court found that Jamie was competent to consent to the administration of oestrogen by oestradiol valerate and the administration of a testosterone blocker by spironolactone, as recommended by her treating medical practitioners, for the treatment of her gender dysphoria.
The court made orders authorising Jamie to make her own decision regarding this stage two treatment. The proceedings were to be conducted and published in an anonymised manner to protect Jamie's privacy, with specific exceptions allowing for the disclosure of identifying details to her treating medical practitioners and family members.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Administrative Law
Legal Concepts
-
Jurisdiction
-
Consent
-
Standing
-
Natural Justice
-
Procedural Fairness
-
Judicial Review
Actions
Download as PDF
Download as Word Document
Citations
Re: Jamie [2015] FamCA 455
Most Recent Citation
Re Logan [2016] FamCA 87