Re: Jason

In the matter of Re: Jason, Justice Austin of the Family Court of Australia considered an application by the parents of a child, Jason, for a declaration regarding the child's competence to consent to phase 2 treatment for Gender Dysphoria.

The central legal issue before the Court was whether Jason possessed the requisite competence to understand the nature of and consent to receiving phase 2 treatment for Gender Dysphoria. This required an assessment of the child's capacity in accordance with relevant legal principles.

Justice Austin applied the principles governing the assessment of a child's competence to consent to medical treatment, considering the provisions of section 67ZC of the *Family Law Act 1975* (Cth). The Court was satisfied that Jason was sufficiently competent to understand the nature of and express a decision about his receipt of phase 2 treatment. The Court determined that a declaratory order was an appropriate form for the Court's decision.

The Court declared that Jason was competent to consent to phase 2 treatment for Gender Dysphoria. To protect the child's identity, orders were made suppressing the publication of any identifying information and restricting access to the Court file. Leave was also granted for the parties and the child to provide non-anonymised copies of the orders and reasons to treating practitioners, to the extent not already authorised by section 121(9) of the *Family Law Act 1975* (Cth).