Charles (a pseudonym) [2024] NSWCATGD 15

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Charles (a pseudonym) [2024] NSWCATGD 15 Hearing dates: 10 September 2024 Date of orders: 18 September 2024 Decision date: 04 October 2024 Jurisdiction: Guardianship Division Before: A Britton, Deputy President Dr B McPhee, Senior Member (Professional) S Bullock, General Member (Community) Decision: The treatment proposed by Dr 3 for Charles, that is, Stage 2 (testosterone) treatment is not special medical treatment within the meaning of the definition of "special medical treatment" in s 175(5) of the Children and Young Persons (Care and Protection) Act 1998 (NSW). The application is dismissed. Catchwords: GUARDIANSHIP –– application to NCAT under s 175 of the Children and Young Person (Care and Protection) Act 1998 (NSW) in respect of transgender child – whether gender affirming hormone therapy constitutes "special medical treatment" – whether gender affirming hormone therapy treatment is reasonably likely to render child permanently infertile – finding that gender affirming hormone therapy treatment is not reasonably likely to render child permanently infertile and therefore does not constitute special medical treatment – application dismissed WORDS AND PHRASES — "reasonably likely" — Children and Young Persons (Care and Protection) Act 1998 (NSW), s 175(5) Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW), ss 3, 9, 175, 175(1), 175(2)(b), 175(3), 175(5), 175(5)(a), 175(5)(a)(i)-(ii), 175(5)(c)-(d) Children (Care and Protection) Act 1987 (NSW), s 208 (repealed) Civil and Administrative Tribunal Act 2013 (NSW), s 45(4)(c) Cases Cited: Boughey v The Queen (1986) 161 CLR 10; [1986] HCA 29 Department of Agriculture and Rural Affairs v Binnie [1989] VR 836 Gillick v West Norfolk and Wisbech Area Health Authority [1986] AC 112 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Re Fenwick (2009) 76 NSWLR 22; [2009] NSWSC 530 Re the Will of Bridget [2018] NSWSC 1509 Texts Cited: A Leung, D Sakkas, S Pang, K Thornton, and N Resetkova, "Assisted reproductive technology outcomes in female-to-male transgender patients compared with cisgender patients: a new frontier in reproductive medicine" (2019) 112(5) Fertility and Sterility, 858-865 Children (Care and Protection) Further Amendment Act 1988 (NSW); NSW, Parliamentary Debates, Legislative Council, 13 October 1988, 2202 (Virginia Chadwick, Minister for Family and Community Services) Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, Text Revision NSW Law Reform Commission, "Young People and Consent to Health Care", Report 119, October 2008 Royal Children's Hospital Melbourne, "Australian Standards of Care and Treatment Guidelines: For Trans and Gender Diverse Children and Adolescents", Version 1.4 World Professional Association for Transgender Health (WPATH), "Standard of Care for the Health of Transgender and Gender Diverse People", Eighth Edition Category: Principal judgment Parties: Hunter New England Local Health District (Applicant) Charles (Respondent) NSW Ministry of Health (Joined Party) Representation: Counsel: