Re: Sasha

Case

[2015] FamCA 785

9 July 2015


Details
AGLC Case Decision Date
Re: Sasha [2015] FamCA 785 [2015] FamCA 785 9 July 2015

CaseChat Overview and Summary

In the matter of Re: Sasha, Johnston J of the Supreme Court of [State of Australia] was required to determine the capacity of a child, identified as Sasha, to consent to medical treatment for gender dysphoria. The dispute concerned the administration of Stage 2 treatment for this condition.

The central legal issue before the Court was whether Sasha, born in 1998, was competent to consent to the proposed medical treatment. This involved an assessment of Sasha's maturity and understanding of the nature and implications of the treatment for gender dysphoria.

Johnston J applied principles relating to the capacity of minors to consent to medical treatment, considering the nature of the treatment and the child's ability to understand its benefits, risks, and alternatives. The Court declared that Sasha was competent to consent to the administration of Stage 2 treatment for gender dysphoria. The Court also made orders for the anonymisation of judgments and file access to protect Sasha's privacy, discharged the Independent Children's Lawyer, and vacated a scheduled hearing.
Details

Areas of Law

  • Family Law

  • Administrative Law

Legal Concepts

  • Consent

  • Judicial Review

  • Standing

  • Natural Justice

  • Procedural Fairness

  • Jurisdiction

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