The Variation in Sex Characteristics (Restricted Medical Treatment) Act 2023 came into effect on 23 June 2023.

The Act gives protections to children born with variations in sex characteristics (VSC) and people with VSC under guardianship, who cannot consent for themselves. Under the Act, this group are known as “prescribed persons”. The Act supports prescribed persons and their families and guardians to make decisions about non-essential medical treatments that affect their bodies. This Act is consistent with the ACT Government’s long-standing recognition that all individuals should have autonomy over their own bodies and health.

Under the law, a treating healthcare provider, parent, or guardian who is responsible for the child or person without decision-making capacity, can apply to have certain kinds of regulated treatments for the prescribed person. From 23 December 2024, new patients who are prescribed persons must have an approved Individual Treatment Plan or an applicable General Treatment Plan to receive restricted medical treatment.

General Treatment Plans (GTPs) are a legislated requirement under the Act. They apply to an entire class of prescribed person and relate to either a specific diagnosis or specific treatment option. GTP applications can only be submitted for approval by persons declared by the Minister.

GTPs must:

• include the proposed treatment plan;
• set out the reasons why the treatment plan is proposed, including evidence addressing the assessment criteria; and
• this evidence must be true for all people in the prescribed class.

After receiving an application for a GTP, the Restricted Medical Treatment Assessment Board (the Board) must conduct a public consultation as directed under the legislation.

Anyone may provide a written submission on the GTP application to the Board during the consultation period.

During the consultation period, submissions received will be published on this site with several exceptions. Under the Act, the following must not be published:

• Unless the assessment committee is satisfied that it is the prescribed individual’s will and preference –
  • Information that identifies the prescribed person;
  • Information that would allow the prescribed person’s identity to be worked out.
• any information the assessment committee considers to be sensitive or prejudicial to an individual;
• any information prescribed by regulation.

Your submission should be specific to the conditions and proposed treatments being proposed in the application and refer to evidence where available.

Your feedback on a GTP application will be considered by the Board in its decision to approve or refuse a GTP.

The Board welcomes the contribution of community members, medical professionals, family members, guardians and others who have relevant knowledge, lived experience and other interests for the benefit of the prescribed persons involved in the specific GTP application.

Approved GTPs will be published on the ACT Government website.