Re Kelvin

The applicant, Kelvin's father, sought a declaration that Kelvin, a 16-year-old diagnosed with gender dysphoria, was competent to consent to Stage 2 treatment for his condition, or alternatively, an order authorising the administration of such treatment. The proceedings were brought before Watts J of the Family Court of Australia. Orders were also sought to maintain the confidentiality of the proceedings.

The court was required to determine several legal issues, primarily concerning the jurisdiction and procedure for authorising medical treatment for a child experiencing gender dysphoria. Specifically, the court needed to consider whether its authorisation was required for Stage 2 treatment, as established in *Re Jamie* (2013) FLC 93-547, unless the child was deemed Gillick competent. Further questions arose regarding whether the Family Court, rather than treating professionals, should determine Gillick competence, and if a child is found to be competent, whether the court should dismiss applications for a declaration of competence or for authorisation of treatment, or if its jurisdiction is enlivened to make such orders.

Watts J, acknowledging the significant legal questions raised, decided to state a special case to the Full Court of the Family Court of Australia for its opinion. This course of action was taken to obtain clarity on the application of *Re Jamie* to the present circumstances and the court's role in authorising or declaring competence for gender-affirming treatment. The court also made orders dispensing with service on the child welfare authority and imposing strict confidentiality measures to protect Kelvin's identity.

The applicant's request for a declaration or authorisation of treatment was adjourned pending the Full Court's determination of the stated case. The court's reasons for judgment and orders were to be anonymised, and access to the court file was restricted without judicial leave.