Re: Shay

In the matter of *Re: Shay*, Cronin J of the Supreme Court of New South Wales considered an application concerning the medical treatment of a child, Shay, born in 1999. The application was brought by Shay's parents, who sought orders regarding their daughter's medical care.

The central legal issue before the court was whether Shay, a child approaching the age of majority, possessed the capacity to make her own decisions regarding her medical treatment. This required the court to assess Shay's maturity and understanding of the proposed medical interventions.

Cronin J applied the principles of *Gillick* competence, which allows a minor to consent to medical treatment without parental consent if they have sufficient understanding and intelligence to fully comprehend what is proposed. The judge found that Shay had demonstrated the requisite capacity to make informed decisions about her medical treatment. Consequently, the court ordered that Shay have parental responsibility for all decisions relating to her medical treatment. The parents were granted leave to provide a copy of the orders and reasons to Shay and the relevant medical practitioners. The application was otherwise dismissed.