Queensland Consolidated Acts

GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 80D

80D Whether sterilisation is in child’s best interests

(1) The sterilisation of a child with an impairment is in the child’s best interests only if—

(a) one or more of the following applies—

(i) the sterilisation is medically necessary;

(ii) the child is, or is likely to be, sexually active and there is no method of contraception that could reasonably be expected to be successfully applied;

(iii) if the child is female—the child has problems with menstruation and cessation of menstruation by sterilisation is the only practicable way of overcoming the problems; and

(b) the child’s impairment results in a substantial reduction of the child’s capacity for communication, social interaction and learning; and

(c) the child’s impairment is, or is likely to be, permanent and there is a reasonable likelihood, when the child turns 18, the child will have impaired capacity for consenting to sterilisation; and

(d) the sterilisation can not reasonably be postponed; and

(e) the sterilisation is otherwise in the child’s best interests.

(2) Sterilisation is not in the child’s best interests if the sterilisation is—

(a) for eugenic reasons; or

(b) to remove the risk of pregnancy resulting from sexual abuse.

(3) In deciding whether the sterilisation is in the child’s best interests, the tribunal must—

(a) ensure the child is treated in a way that respects the child’s dignity and privacy; and

(b) do each of the following—

(i) in a way that has regard to the child’s age and impairment, seek the child’s views and wishes and take them into account;

(ii) to the greatest extent practicable, seek the views of each of the following persons and take them into account—

(A) any parent or guardian of the child;

(B) if a parent or guardian is not the child’s primary carer, the child’s primary carer;

(C) the child representative for the child;

(iii) take into account the information given by any health provider who is treating, or has treated, the child; and

(c) take into account—

(i) the wellbeing of the child; and

(ii) alternative forms of health care that have proven to be inadequate in relation to the child; and

(iii) alternative forms of health care that are available, or likely to become available, in the foreseeable future; and

(iv) the nature and extent of short-term, or long-term, significant risks associated with the proposed sterilisation and available alternative forms of health care.

(4) The child’s views and wishes may be expressed in the following ways—

(a) orally;

(b) in writing;

(c) in another way including, for example, by conduct.