Re: Spencer

The Family Court of Australia considered an application concerning the medical treatment of a child, Spencer, who had been diagnosed with gender identity dysphoria. Spencer, who was biologically female but identified as male since early childhood, wished to commence stage two treatment, involving the administration of testosterone, to facilitate physical masculinisation. The application was brought by Spencer's mother, with the support of Spencer's father, the Independent Children's Lawyer, and Spencer's treating medical experts.

The central legal issues before the Court were whether Spencer possessed Gillick competence, meaning the capacity to give informed consent to the proposed stage two treatment, and if so, to make a declaration to that effect. The Court was also required to consider whether it had the power to make such a declaration and, if Spencer was not deemed competent, whether to authorise the mother to consent to the treatment on Spencer's behalf. This involved determining if the proposed treatment fell outside the scope of parental responsibility and thus required court authorisation, as established in cases like *Secretary, Department of Health and Community Services v JWB and SMB* (Marion's case).

The Court's reasoning was guided by the principles established in *Re Jamie*, which affirmed that a Gillick competent child can consent to stage two treatment for gender identity disorder. The Full Court in *Re Jamie* held that the determination of Gillick competence for such significant treatment is a matter for the Court due to the gravity of potential errors. Applying these principles, the Court examined the extensive medical and psychological evidence detailing Spencer's long-standing gender identity, the diagnosis of gender identity dysphoria, and the potential consequences of both proceeding with and withholding the proposed testosterone treatment. The Court found that Spencer possessed the necessary understanding and intelligence to fully comprehend the proposed treatment and its implications.

The Court declared that Spencer was competent to give informed consent to the specified stage two treatments for gender identity dysphoria, including the administration of oral testosterone, monthly intramuscular injections, and potentially later injections of Reandron 1000, as well as any other recommended hormonal, psychiatric, or psychological treatment. The Court ordered that a sealed copy of these orders be provided to the father, and that all other applications be dismissed. The Independent Children's Lawyer was directed to explain the orders to Spencer and would then be discharged.