Re: Tahlia

In the matter of Tahlia, Bennett J of the Federal Court of Australia considered an application concerning the medical treatment of a child, Tahlia, born in 2001, for gender identity dysphoria. The proceedings involved Tahlia, her parents, and her medical practitioners.

The central legal issue before the Court was whether Tahlia, as a child, possessed the legal capacity to consent to or refuse medical treatment for her gender identity dysphoria. The Court was also required to determine the appropriate orders regarding the publication of information related to the proceedings and Tahlia's identity.

His Honour, applying principles of common law regarding the capacity of minors to consent to medical treatment, found that Tahlia was competent to make decisions about her medical treatment for gender identity dysphoria, provided she was advised by her medical practitioners. The Court made extensive orders to protect Tahlia's privacy, directing that identifying details be anonymised in published judgments and orders, with exceptions allowing parties and Tahlia herself to access full copies of the orders and reasons for judgment for the purpose of providing them to treating health practitioners. The Court also granted Tahlia liberty to identify herself as the subject of the proceedings and permitted parties to hand-deliver unanonymised copies of the order to Tahlia's treating health practitioners. The application filed on 31 August 2017 was otherwise dismissed.