Australia's Recommendations for the Sterilisation of the Mentally Incapacitated Minor - A More Rigorous Approach?'

This article provides an examination of the common law position in Australia on the sterilisation of a mentally incapacitated minor, the limited legislation in place in two of the states and the Australian Family Law Council's published recommendations for a uniform approach across states and territories. The proposals can be compared with the current position in the U.K., in particular the more recent approaches to such cases, and whether these signify a more rigorous analysis of the need for such treatment or can merely be distinguished on their particular facts. A brief summary is also given of the Australian legislation relating to the sterilisation of a mentally incapacitated adult and whether this is satisfactory or provides inconsistent protection to a minority group. In conclusion it is submitted that although the U.K. has seen numerous consultation papers and reports we are no nearer to definitive legislation which will adequately protect the mentally incapacitated from what may possibly be an unnecessary violation of their rights.