A person under 18 can consent to their own medical treatment if they are Gillick competent: they understand the nature, consequences and risks of the proposed treatment. This comes from a UK case (Gillick, 1985) and was accepted in Australia by the High Court in Marion's case (1992), which also held that some procedures (such as non-therapeutic sterilisation) need court approval.
In practice:
- Assess competence for each decision; it is not about age alone.
- Encourage young people to involve parents, but respect confidentiality when they are competent.
- Common scenarios: a 15-year-old requesting contraception, STI testing or mental health care.
- Confidentiality has limits: serious risk of harm to self or others, and mandatory reporting of abuse.
From age 15, young people can get their own Medicare card. South Australia's legislation sets 16 as the age of consent to medical treatment, but Gillick principles apply broadly across Australia.
AMC stations test whether you see the adolescent alone, explain confidentiality, and assess competence.