The Law Handbook 2024

292 Section 4: Relationships, families and young people treatment of gender dysphoria where the child is Gillick competent. This precedent was later affirmed in the case of Re Max [2021] FamCA 290, where it was held that the administration of stage two treatment was a decision for the child to make insofar as they had the competence to make it. The court confirmed that the relevant issue to resolve is whether or not the child is Gillick competent and therefore capable of consenting to stage two treatment themselves. In the case of Re Matthew [2018] FamCA 161, the Family Court decided that authorisation from the Family Court for stage three treatment for gender dysphoria is not necessary when: 1 the child has been diagnosed as suffering from gender dysphoria; 2 the treating practitioners agree that the child is Gillick competent; 3 the proposed treatment is considered to be therapeutic; and 4 there is no controversy as to whether the treatment should be administered (e.g. neither of the child’s parents is opposed to the treatment). In the case of Re Ryan [2019] FamCA 112, the facts of Re Matthew were distinguished because, as in this case, there was a controversy (i.e. the child’s parents disagreed about whether stage three medical treatment should be administered). Because a controversy existed, the Family Court was required to make a determination as to whether the child was Gillick competent. It was found – based on the evidence from the expert witnesses, the family consultant, and the child himself – that the child had the requisite understanding to make the decision and comprehend its consequences. Therefore, it was ordered that the child was Gillick competent and capable of consenting to the stage three treatment on his own behalf. In the recent case of Re G3 [2021] FCWA 99, the Family Court of Western Australia considered the requirements for a child to consent to stage two treatment. The circumstances of this case were different to those in Re Ryan as there was no controversy and Gillick competence was clearly established. In March 2021, the Corrections Victoria Commissioner issued the Commissioner’s Requirements for Management of Prisoners who are Trans, Gender Diverse or Intersex. This includes gender-affirming treatments such as reoccurring hormone treatment, counselling, and surgical intervention. However, it has been stated within the management guidelines that it is not necessary to identify all imprisoned people who are trans, gender diverse or intersex, “particularly where such identification is unlikely to influence their custodial management and supervision”. Contacts Births, Deaths and Marriages Victoria Ground floor, 595 Collins Street, Melbourne Vic 3000 Tel: 1300 369 367 Web: www.bdm.vic.gov.au LGBTIQA+ Family Law Legal Advice Clinic At Fitzroy Legal Service Tel: 9419 3744 Web: www.fls.org.au This free service is held on the first Wednesday of each month, from 6.30pm. An appointment is required. Victorian Assisted Reproductive Treatment Authority Level 30, 570 Bourke Street, Melbourne Vic 3000 Tel: 8622 0500 Email: varta@varta.org.au Web: www.varta.org.au Victorian Government Department of Health Assisted Reproductive Treatment Policy Manager 50 Lonsdale Street, Melbourne Vic 3000 Tel: 9096 8266 Email: gabrielle.davis@dhhs.vic.gov.au Web: www.health.vic.gov.au/patient-care/assisted- reproduction