Discrimination and Legal Matters

Over the years the laws around access to affirming medical treatment have changed. In the past, all minors (their parents/carers/guardians) were required to apply to the Family Court of Australia to seek orders from the court so that affirming treatments such as puberty blockers and gender affirming hormones could be granted.

Two landmark cases; re:Jamie and re:Kelvin asked the Full Bench of the Family Court to review the position of the courts and after a great deal of advocacy by stakeholders and most especially families and TGDNB young people themselves, the law was changed and those onerous conditions to access affirming care were removed.

As the law now stands, TGDNB minors are able to access affirming treatment without the consent of the courts. The courts can be involved if there is disagreement between parents or clinicians. In a recent case before the Family Court, re:Imogen a ruling stating that both parents must consent to treatment was made. You can read the AusPATH Statement on these matters HERE

Organisations like Justice Connect, the Inner City Legal Service and the St Kilda Legal Service will still provide legal support for TGDNB young people and their families when required and will adjust their programs to suit evolving needs. You can rely on them as a source of legal advice and support.

Media:
The Age ‘I want control over my body’: Transgender kids in landmark ruling.
Pink News ‘Life-changing ruling means transgender children can get hormone treatment without a judge’s approval.