As a matter of general principle, children who are mature enough to provide consent to medical or dental treatment can do so in their own right and without parental consent or knowledge.

 

A leading case in this area is an English decision known as the Gillick case. In that case, the mother of a child had argued that a medical practitioner should not give contraceptive advice or prescriptions to a teenage child unless parental consent was first obtained.  The case established a rule that children with the intellectual capacity and emotional maturity to understand the nature and consequences of the treatment could legally consent to that treatment on their own behalf.

 

In Australia the High Court adopted the rule in Gillick in a case known as Marion's case in 1992. The age at which a child is normally said to be able to consent is 14 but this can be higher or lower depending on the individual child and the nature of proposed treatment.

These principles apply to most types of medical treatment (including abortion and contraception) but do not include special treatments such as sterilisation and some psychiatric treatments.

 

If the child is sufficiently mature to understand and consent to the medical treatment it also follows that the child has a right to privacy in relation to the fact of the visit to the doctor and the treatment prescribed and the doctor would be liable to the child if he or she divulged information about the child's visit to the parents without the child's consent.

 

For any information concerning parenting obligations or any family related matter please contact Greg Dickson, This e-mail address is being protected from spambots. You need JavaScript enabled to view it  or 9525 8688.