Variation in Sex Characteristics (Restricted Medical Treatment) Act 2023

An assessment committee may conduct an assessment of an application in the way it considers appropriate, including informing itself in any way it considers appropriate in the circumstances.

Examples—other ways of informing itself

1 relying on expertise of a committee member to research a matter

2 relying on information provided in relation to an earlier application

3 with the consent of the decision-maker for a prescribed person, talking directly to the prescribed person

Note Section 20 sets out requirements for the provision to the applicant of information obtained or relied upon by the committee under this subsection and s (2).

Without limiting subsection (1), an assessment committee may consult, in writing, any of the following in relation to an application:

a health professional or health professional body not involved in the treatment of the prescribed person;

a quality assurance committee approved under the Health Act 1993, section 27;

an entity representing, or providing support to, people with a variation in sex characteristics;

the public advocate;

for an application in relation to a child—the children and young people commissioner;

any other person prescribed by regulation.

However, the committee must not, without the written consent of a decision-maker—

identify the prescribed person; or

disclose information that would allow the prescribed person’s identity to be worked out.

A regulation may prescribe additional requirements about the operation of an assessment committee.

In this section:

health professional means a health practitioner or other person who provides treatment, care or support to people with a variation in sex characteristics.

Examples psychologist, social worker, genetic counsellor