Forward, Gillick: Are competent children autonomous medical decision makers? New developments in Australia

Nicholas J. Lennings

doi:10.1093/jlb/lsv028

Forward, Gillick: Are competent children autonomous medical decision makers? New developments in Australia

Nicholas J. Lennings

Macquarie Law School

Research output: Contribution to journal › Article › peer-review

9 Citations (Scopus)

294 Downloads (Pure)

Abstract

Another chapter has opened in the tortured history of the status of Gillick competence. Never before has Gillick been extended to permit a mature child to make autonomous medical decisions over and above the curial 'parens patriae' power. In 2013, two judicial decisions promulgated from different Australian courts are in conflict over this most fundamental of questions. This Article situates the law of the 'parens patriae' power in Australia and, drawing on overseas conceptualizations of analogous doctrine, explores the bases for and potential consequences of this conflict.

Original language	English
Pages (from-to)	459-468
Number of pages	10
Journal	Journal of Law and the Biosciences
Volume	2
Issue number	2
DOIs	https://doi.org/10.1093/jlb/lsv028
Publication status	Published - Jul 2015

Bibliographical note

Copyright the Author(s) 2015. Version archived for private and non-commercial use with the permission of the author/s and according to publisher conditions. For further rights please contact the publisher.

Keywords

Gillick competence
Parens patriae power
Children and medical decision-making

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10.1093/jlb/lsv028

Publisher version (open access)Final published version, 264 KBLicence: Unspecified

Cite this

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Forward, Gillick: Are competent children autonomous medical decision makers? New developments in Australia

Abstract

Bibliographical note

Keywords

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