FAMILY COURT OF AUSTRALIA
| RE: SHANE (GENDER DYSPHORIA) | [2013] FamCA 864 |
| FAMILY LAW – CHILDREN – MEDICAL PROCEDURES – where the applicants are parents of a child with gender dysphoria – where the applicants seek an order authorising them to consent to Stage 2 treatment for their child – where the Full Court has recently held that authorisation by this court is not required for Stage 1 treatment but is required for Stage 2 treatment (Re: Jamie [2013] FamCAFC 110) – whether the proposed treatment is in the child’s best interests – where the child is 16½ years old – where the child has significant comorbidities including social isolation, anxiety and depression – where the expert evidence is unanimous in terms of diagnosis and proposed treatment – where the treatment is in accordance with international guidelines and practices adopted in other hospitals in Australia – orders made authorising the applicants to consent to the Stage 2 treatment proposed for the child. |
| Family Law Act 1975 (Cth) Family Law Rules 2004 (Cth) | |
| Gillick v West Norfolk A.H.A [1986] AC 11 | |
| APPLICANT: | The Mother and the Father |
| INTERVENER: | The Department |
FILE NUMBER: By Court Order File Number is suppressed
| DATE DELIVERED: | 5 November 2013 |
| JUDGMENT OF: | Murphy J |
| HEARING DATE: | 28 October 2013 |
REPRESENTATION
By Court Order the names of counsel and solicitors have been suppressed
Orders
IT IS DECLARED IN RESPECT OF THE CHILD HANNAH (now known as SHANE) BORN … 1997 (referred to in these Orders as “Shane”) THAT:
By this Order, Shane’s parents are authorised to consent to the administration of intramuscular primoteston TM (testosterone enanthate) (“Stage 2 treatment”) in such dose, in such manner and with such frequency as determined by and under the guidance of Shane’s treating medical practitioners including but not limited to his Endocrinologist, Professor X and his Psychiatrist, Dr Y.
IT IS FURTHER ORDERED THAT
So as to protect Shane:
a. Shane’s full name, his family members, his medical practitioners, this court’s file number, the State of Australia in which the proceedings were initiated and any other fact or matter that may identify Shane shall not be published in any way;
b. Only anonymised Reasons for Judgment and Orders (with coversheets excluding the registry, file name and number, and lawyers’ names and details, as well as Shane’s real name (both past and present)) shall be released by the court to non-parties without further contrary order of a judge;
c. No person shall be permitted to search the court file in this matter without first obtaining the leave of a judge.
To the extent that the exception provided for in s 121(9)(g) of the Family Law Act 1975 (Cth) or the other provisions of that subsection do not otherwise authorise same, the applicants shall…
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- AGLC
- RE: SHANE (GENDER DYSPHORIA) [2013] FamCA 864
- Case
- [2013] FamCA 864
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether Shane's parents could lawfully consent to the administration of intramuscular testosterone enanthate, described as "Stage 2 treatment," for Shane. This required the court to consider the legal framework governing medical treatment for a child experiencing gender dysphoria, particularly in relation to parental consent.
Murphy J determined that the parents were authorised to consent to the administration of testosterone enanthate, subject to the guidance and determination of Shane's treating medical practitioners, including his endocrinologist and psychiatrist. The court also made extensive orders to protect Shane's privacy, prohibiting the publication of identifying details and restricting access to the court file. These orders were made to safeguard Shane, with a specific provision allowing for the publication of anonymised reasons to treating medical practitioners, to the extent not already authorised by exceptions in the *Family Law Act 1975* (Cth).
Orders
Orders of the court
IT IS DECLARED IN RESPECT OF THE CHILD HANNAH (now known as SHANE) BORN … 1997 (referred to in these Orders as “Shane”) THAT:
1.
By this Order, Shane’s parents are authorised to consent to the administration of intramuscular primoteston TM (testosterone enanthate) (“Stage 2 treatment”) in such dose, in such manner and with such frequency as determined by and under the guidance of Shane’s treating medical practitioners including but not limited to his Endocrinologist, Professor X and his Psychiatrist, Dr Y.
IT IS FURTHER ORDERED THAT
2.
So as to protect Shane:
a. Shane’s full name, his family members, his medical practitioners, this court’s file number, the State of Australia in which the proceedings were initiated and any other fact or matter that may identify Shane shall not be published in any way;
b. Only anonymised Reasons for Judgment and Orders (with coversheets excluding the registry, file name and number, and lawyers’ names and details, as well as Shane’s real name (both past and present)) shall be released by the court to non-parties without further contrary order of a judge;
c. No person shall be permitted to search the court file in this matter without first obtaining the leave of a judge.
3.
To the extent that the exception provided for in s 121(9)(g) of the Family Law Act 1975 (Cth) or the other provisions of that subsection do not otherwise authorise same, the applicants shall have leave to publish to Shane’s treating medical practitioners a version of these Reasons which does not encompass the restrictions set out in the preceding paragraph.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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