- Apr 2, 2012
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Gee, that's great.If it is with the consent of both parents, then the child (along with their medical practitioner) is making the decision with the consent of their adult parents.
If it is without the consent of a parent, then the decision is made by the family court (presided by an adult judge).
Under no scenario is an adolescent child legally permitted to make the decision to undergo treatment - without the express consent of an adult (parents or family court judge) acting in their best interests.
This isn't my opinion, it is the applicable case law in Australia:
- In circumstances where there is a dispute about diagnosis, consent or the nature of treatment, an application to the court is mandatory (see Re Jamie: Bryant CJ at [140](b); Finn J at [172] and Strickland J at [192]).
- As the Attorney-General points out, there is a basis in proper medical practice for requiring an application to the court if a dispute cannot otherwise be resolved:
- Without such a determination, a medical practitioner may run the risk of being crissminally or civilly liable in the event that, notwithstanding the practitioner’s assessment that the child is Gillick competent, that is not in fact the case. That risk may be heightened in circumstances where there is a dispute between the parents as to the appropriate treatment, and one of the parents does not consent to the treatment.
- Without such a determination, a medical practitioner may run the risk of effectively giving preference to one parent’s view over that of the other in circumstances where, if the child is not Gillick competent, each parent with parental responsibility has power to consent (or not consent) on behalf of the child (s 61C of the Act). If parents disagree, it is invidious for medical practitioners to be required to give preference to the views of one parent rather than the other.
Seems to me we've come full circle to the exact point I was making about the father.
Not able to dispute what is happening to their child because the courts are full of and influenced by a bunch of namby-pamby, ideological, self-interested bed-wetters.