Queensland Consolidated Acts

GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 80I

80I How to apply

(1) Unless the tribunal directs otherwise, a chapter 5A application must—

(a) be written; and

(b) be signed by the applicant; and

(c) be filed with the tribunal; and

(d) comply with subsections (2) to (5) .

(2) The application must include all of the following information—

(a) the reason for the application, including information about why the proposed sterilisation would, in the applicant’s view, be in the child’s best interests;

Note—

See section 80C (When tribunal may consent and effect of consent).

(b) a detailed description of—

(i) the child’s impairment; and

(ii) how the child communicates; and

(iii) the impact of the impairment on the child’s capacity for communication, social interaction and learning;

(c) whether the child has been informed of the application;

(d) whether the child has indicated the child does not wish to have the proposed sterilisation;

Note—

See section 80D (4) (Whether sterilisation is in child’s best interests).

(e) information about the help, if any, the child might need at the hearing of the application;

(f) if urgent action is required—an explanation of the urgency;

(g) any other information in relation to the wellbeing of the child the applicant considers relevant;

(h) to the best of the applicant’s knowledge, information about the following persons—

(i) the applicant;

(ii) the child;

(iii) any parent or guardian of the child;

(iv) if a parent or guardian of the child is not the primary carer of the child, the primary carer of the child;

(v) a doctor who is treating the child.

(3) The information required under subsection (2) (h) is to enable the tribunal to give notice of the hearing and must consist of—

(a) each person’s name; and

(b) either—

(i) details the applicant knows of the person’s address and telephone and facsimile number; or

(ii) if the applicant does not know the details—a way known to the applicant of contacting the person.

(4) The application must also include a report by a doctor who is treating the child.

(5) The report must state in detail information about—

(a) the child’s impairment and the impact of the impairment on the child’s capacity for communication, social interaction and learning; and

(b) the proposed sterilisation, including information about—

(i) the reason for the proposed sterilisation, including information about why the proposed sterilisation would, in the doctor’s view, be in the child’s best interests; and

(ii) whether the child is, or is reasonably likely to be, fertile; and

(iii) the type of proposed sterilisation and a description of the procedure; and

(iv) when and where the proposed sterilisation would be carried out; and

(v) why the sterilisation can not be reasonably postponed; and

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

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

(viii) any risks to the child if the proposed sterilisation is carried out; and

(ix) any risks to the child if the proposed sterilisation is not carried out; and

(x) the likely long-term social and psychological effects of the sterilisation on the child; and

(xi) whether the child’s impairment is, or is likely to be, permanent.