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This lack of authority reflects that the reported cases have all involved minors who have been found to be incompetent, and that Australian courts will make decisions in the parens patriae jurisdiction regardless of Gillick competence. Legislation in South Australia and New South Wales clarifies the common law, establishing a Gillick-esque ...
In its judgments, the Family Court assessed the child's Gillick competence; in other words, whether the child was in a position to consent to the treatment by fully understanding its nature, effects and risks. [82] If the Court found the child to be Gillick-competent, the child's wishes had to be respected.
"Marion", a pseudonym for the 14-year-old girl at the centre of this case, suffered from intellectual disabilities, severe deafness, epilepsy and other disorders. Her parents, a married couple from the Northern Territory sought an order from the Family Court of Australia authorising them to have Marion undergo a hysterectomy and an oophrectomy (removal of ovaries).
Victoria D. M. Gillick (née Gudgeon; born 1946, in Hendon) is a British activist and campaigner best known for the eponymous 1985 UK House of Lords ruling [1] that considered whether contraception could be prescribed to under-16s without parental consent or knowledge.
The mature minor doctrine is a rule of law found in the United States and Canada accepting that an unemancipated minor patient may possess the maturity to choose or reject a particular health care treatment, sometimes without the knowledge or agreement of parents, and should be permitted to do so. [1]
Western Australia was the last state or territory to remove parental consent and notification requirements, doing so in 2023. ... Gillick competence; Paternal rights ...
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By contrast, people aged 16 or older were presumed to have the ability to consent to medical treatment (Gillick did not apply). The High Court (Administrative Court) ruling, [3] [4] which was overturned on appeal, said that it was unlikely that a child under the age of 16 could be Gillick competent to consent to puberty blocking treatment. The ...