Re: Pat

Case

[2017] FamCA 418

15 June 2017


Details
AGLC Case Decision Date
Re: Pat [2017] FamCA 418 [2017] FamCA 418 15 June 2017

CaseChat Overview and Summary

In the matter of *Re: Pat*, Rees J of the Supreme Court of [State] considered an application concerning the medical treatment of a child, Pat, who was born in 1999. The dispute centred on Pat's capacity to consent to the administration of oestrogen and progesterone for the treatment of Gender Dysphoria, as defined by the DSM-5.

The central legal issue before the Court was whether Pat, as a minor, possessed the requisite competence to provide informed consent for this specific medical treatment. This required the Court to assess Pat's maturity, understanding, and capacity to appreciate the nature and consequences of the proposed treatment, notwithstanding his age.

Rees J applied the principles of common law regarding the capacity of minors to consent to medical treatment. The Court determined that Pat had demonstrated sufficient understanding and intelligence to enable him to understand fully what is involved in the proposed treatment. Consequently, the Court declared that Pat was competent to consent to the administration of oestrogen and progesterone for the treatment of his Gender Dysphoria. The Court also made extensive orders for the anonymisation of the proceedings and restricted access to the court file to protect Pat's privacy.
Details

Areas of Law

  • Family Law

  • Administrative Law

  • Statutory Interpretation

Legal Concepts

  • Consent

  • Jurisdiction

  • Natural Justice

  • Procedural Fairness

  • Standing

  • Judicial Review

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