Re: Rosie (Special Medical Procedure)

Case

[2011] FamCA 63

28 January 2011


Details
AGLC Case Decision Date
Re: Rosie (Special Medical Procedure) [2011] FamCA 63 [2011] FamCA 63 28 January 2011

CaseChat Overview and Summary

This matter came before Dessau J concerning a special medical procedure proposed for a child named Rosie. The dispute involved the authorisation for Rosie's parents to consent to this treatment, which included hormonal therapy and psychiatric or psychological support. The court was tasked with determining whether to grant this authorisation and to make consequential orders regarding the proceedings and the privacy of the parties involved.

The central legal issue before the court was whether Rosie was capable of making an informed decision regarding the proposed medical treatment, applying the principles established in *Gillick v West Norfolk A.H.A* [1986] A.C.112. This required an assessment of Rosie's understanding and intelligence in relation to the proposed procedure, its potential risks, and consequences. The court also considered the evidence of Rosie's treating medical practitioners and a Family Consultant regarding her capacity and wishes.

Dessau J applied the *Gillick* principle, finding that Rosie possessed a sufficient understanding and intelligence to comprehend the proposed treatment. This conclusion was supported by evidence from her endocrinologist, psychiatrist, and a gynaecologist, all of whom indicated that Rosie was articulate, intelligent, and had a well-researched understanding of her condition and treatment options. Despite a Family Consultant noting some emotional immaturity attributable to psychological issues, this was not considered to impair her capacity to make an informed decision about the treatment. Rosie's deep-seated and unwavering wish for the treatment, coupled with her understanding of its physical and psychological implications, led the court to find her "Gillick competent."

The court ordered that Rosie's Mother and Father be authorised to consent on Rosie's behalf to the proposed hormonal treatment, including short-acting and long-acting testosterone injections, and any other recommended hormonal, psychiatric, or psychological treatment. Strict non-publication orders were made to protect Rosie's identity, with only anonymised reasons and orders to be released to non-parties. Existing applications were dismissed, the case removed from the list, and the appointment of the Independent Children's Lawyer discharged.
Details

Areas of Law

  • Family Law

  • Statutory Interpretation

Legal Concepts

  • Consent

  • Judicial Review

  • Jurisdiction

  • Procedural Fairness

  • Standing

  • Statutory Construction

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Cases Citing This Decision

2

Re: Shane (Gender Dysphoria) [2013] FamCA 864
KENNEALLY & KENNEALLY & ALLEN [2012] FMCAfam 921
Cases Cited

1

Statutory Material Cited

0