6 - Comparison of the Law in England and Wales with Australia

Summary

In this chapter, comparative analysis is employed to juxtapose the law in Australia with that in England and Wales. What is compared is both the presence or absence of relevant legislation and case law, its conceptual and operational nature and scope and the possible resulting outcomes of any differences. The similarities between the two jurisdictions include the actors involved in consent processes for young people and the aim of this area of law, the best interests of the child. Major points of difference include: the statutory age of medical decision-making; whether treatment for gender dysphoria is considered ‘special’; Gillick competence and concurrent consent powers; and the law regarding disputes and the need for dual parental consent.