Form 57 - Consent for special health care - sterilisation of a child - Application process

1. What you need to know

Sterilisation is health care of a child who is, or is reasonably likely to be, fertile that is intended, or reasonably likely, to make the child, or to ensure the child is, permanently infertile.

However, sterilisation does not include health care without which an organic malfunction or disease of the child is likely to cause serious or irreversible damage to the child’s physical health.

The Tribunal may consent to the sterilisation of a child with an impairment.

The Tribunal may consent to the sterilisation only if the tribunal is satisfied the sterilisation is in the best interests of the child. Section 80 of the Guardianship and Administration Act 2000 sets out the requirements for the tribunal to conclude that the sterilisation is in the child’s bests interests

A child’s sterilisation, to which the tribunal has consented, is not unlawful.

Resources:

• Chapter 5A of the Guardianship and Administration Act 2000
• AGAC Protocol for Special Medical Procedures (Sterilisation) 6 May 2009

The Tribunal will appoint a person to separately represent the child before the Tribunal. Active parties to the proceeding will be given notice of the application and the hearing. Active parties are entitled to access documents before the Tribunal.

The active parties to the proceeding are:

• the child;
• the applicant;
• any parent or guardian of the child;
• if a parent or guardian of the child is not the primary carer of the child, the primary carer of the child;
• a doctor who is treating the child;
• the child representative for the child;
• a person joined as a party to the proceeding by the tribunal.

The Tribunal may make directions for the provision of further information, the Tribunal considers is necessary to hear and determine the application.

The Tribunal will make a decision following an oral hearing.

2. Complete and lodge these forms

1. a completed application for consent to special health care
2. a report from a health professional with addresses the impairment of the child and, in particular, that the impairment results in a substantial reduction of the child’s capacity for communication, social interaction and learning and that the 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.

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