Variation in Sex Characteristics (Restricted Medical Treatment) Act 2023

In addition to section 13, an assessment committee may only approve an individual treatment plan if there is sufficient evidence provided to the committee by the applicant—

for a treatment plan for a child—that, taking into account the child’s cognitive ability, reasonable steps have been taken in assessing that the child does not have decision-making capacity in relation to the proposed treatment; and

that, taking into account the prescribed person’s cognitive ability, the prescribed person has been given or had access to sufficient information about the following:

the likely implications of the proposed treatment;

the likelihood future treatment will be required or other future treatment options will be excluded if the proposed treatment is undertaken;

alternative medical and non-medical options including support for the prescribed person’s psychosocial needs;

the likely risks and benefits of deferring or not undertaking the proposed treatment; and

that, taking into account the prescribed person’s cognitive ability, the prescribed person has been given, or had access to, appropriate support to assist the prescribed person in understanding the information mentioned in paragraph (b); and

that each decision-maker for the prescribed person has been given, or had access to, the things mentioned in paragraph (b); and

that, taking into account the prescribed person’s cognitive ability—

the prescribed person has received appropriate support to participate in decision‑making about the treatment plan and to communicate their wishes freely; and

any wishes the prescribed person has communicated in relation to the proposed treatment or their variation in sex characteristics have been appropriately considered.

Note If a general treatment plan is approved, it is a condition of the plan that the person undertaking the restricted medical treatment on a prescribed person ensures that the matters mentioned in pars (a) to (e) are satisfied (see s 23 (3) (a)).