4 - Australian Law Governing Consent to Medical Treatment for Trans Youth

Summary

This chapter examines the Australian law governing consent to medical treatment for trans adolescents. This is contextualised first, by critically examining the general principles in respect of consent to medical treatment by and for young people in Australia. The actors involved in consent processes, young people, their parents and courts, are outlined with respect to the scope and limitations on their power. Notably, this includes discussion of the landmark decision of the High Court in Marion’s Case, alongside further cases that developed and applied the legal principles from that case. Significantly, the chapter presents an account of the key Australian case law relating to the treatment of gender dysphoria in adolescence. It will be shown that, while some legal barriers have been removed by case law, those that remain are troubling. It is argued that the Australian case law in this area is incoherent, inconsistent and ultimately fails to achieve its aims to safeguard the health and wellbeing of trans young people and their right to exercise bodily autonomy.