Queensland Consolidated Acts

GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 80D

(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.