Gillick competence

No question of 'Gillick competence' in common law terms arises.

Gillick competence (UK)

She also discussed Gillick Competence relying one understanding medical advice, the nature and consequence of management, risks and the importance of family as well as moral implications.

The ruling established the term "Gillick competence" to describe whether a minor (below the age of 16) is able to consent to his or her own medical treatment, without the need for parental permission or knowledge.

The case goes to the House of Lords in 1985 when it is decided that it is legal for doctors to prescribe contraceptives to under-16s without parental consent in exceptional circumstances ("Gillick competence").

This lack of authority reflects that the reported cases have all involved minors who have been found to be incompetent, and that Australian courts will make decisions in the parens patriae jurisdiction regardless of Gillick competence.

The courts have so far declined invitations to define rigidly "Gillick competence" and the individual doctor is free to make a decision, consulting peers if this may be helpful, as to whether that child is "Gillick competent".