Queensland Consolidated Acts

GUARDIANSHIP AND ADMINISTRATION ACT 2000 - SECT 80I

(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;

Editor's 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;

Editor's 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.