Sterilisation of Minors - Legal Requirements - (Items 35637, 35687, 35688, 35691, 37622 and 37623)

(i)               It is unlawful throughout Australia to conduct a sterilisation procedure on a minor which is not a by-product of surgery appropriately carried out to treat malfunction or disease (eg malignancies of the reproductive tract) unless legal authorisation has been obtained.

(ii)              Practitioners are liable to be subject to criminal and civil action if such a sterilisation procedure is performed on a minor (a person under 18 years of age) which is not authorised by the Family Court of Australia or another court or tribunal with jurisdiction to give such authorisation.

(iii)             Parents/guardians have no legal authority to consent on behalf of minors to such sterilisation procedures.  Medicare Benefits are only payable for sterilisation procedures that are clinically relevant professional services as defined in Section 3 (1) of the Health Insurance Act 1973.