Mature Minors and Consent to Treatment
Understanding Consent and Confidentiality for Young People
At Spencer Health, we believe that children, young people and families achieve the best outcomes when they work together with their treating psychologist.
As children grow, however, they gradually develop the ability to understand their own health, participate in decisions about treatment and, in some situations, make decisions independently.
Australian law recognises this through the concept of a mature minor (sometimes referred to as Gillick competence).
Every young person is different, and each situation is assessed individually.
What does "Mature Minor" mean?
A mature minor is a child or adolescent who has developed enough maturity and understanding to make informed decisions about their own healthcare.
Being a mature minor is not determined by age alone.
Instead, it depends on whether the young person can demonstrate that they understand:
- why they are receiving treatment;
- what the treatment involves;
- the potential benefits and risks;
- any alternatives that may be available; and
- the possible consequences of accepting or declining treatment.
Some younger adolescents may demonstrate this level of understanding, while some older teenagers may still require significant support from their parents or carers.
For this reason, every young person is considered individually.
What does this mean when working with a psychologist?
Psychological therapy relies on trust, honesty and a safe therapeutic relationship.
As young people mature, they often begin discussing increasingly personal topics such as:
- friendships
- bullying
- identity
- relationships
- anxiety
- depression
- grief
- family conflict
- trauma
- emotional wellbeing
Knowing that some conversations can remain confidential often helps young people feel safe enough to speak openly, allowing therapy to be more effective.
This does not mean parents are excluded from treatment.
Whenever appropriate, Spencer Health encourages collaborative care involving both the young person and their parents or caregivers.
Parents remain an important part of a child's support network, and psychologists work to maintain open communication while also respecting the developing autonomy of adolescents.
How do psychologists assess whether a young person is a mature minor?
There is no single test.
Our psychologists make a professional judgement based on each young person's individual circumstances.
Factors that may be considered include:
- their age and developmental stage;
- their emotional maturity;
- their ability to understand information about treatment;
- their appreciation of the potential benefits and risks;
- their ability to weigh different options;
- whether they can communicate a consistent and reasoned decision; and
- the complexity of the treatment or decision being made.
This assessment is an ongoing clinical process and may change as a young person develops.
Will parents still receive information?
In most situations, yes.
At Spencer Health we aim to work collaboratively with families whenever it is safe and appropriate to do so.
Our psychologists will often encourage young people to involve their parents in treatment discussions and decisions wherever possible.
However, where a young person has been assessed as having the capacity to make decisions about their own treatment, there may be circumstances where aspects of therapy remain confidential.
This confidentiality is an important part of establishing trust within the therapeutic relationship.
Where appropriate, psychologists will continue to share general information with parents about treatment goals, progress and recommendations while respecting the young person's privacy.
Are there times confidentiality cannot be maintained?
Yes.
Psychologists have professional and legal obligations to take action where there are concerns about safety.
This may include situations involving:
- risk of serious harm to the young person;
- risk of harm to another person;
- suspected abuse or neglect;
- mandatory reporting obligations; or
- other legal requirements to disclose information.
Where possible, the psychologist will discuss these situations with the young person before information is shared.
Our Approach
At Spencer Health, our goal is always to balance three important principles:
- supporting young people's developing independence;
- recognising the important role of parents and caregivers; and
- meeting our professional, ethical and legal responsibilities.
Every young person, every family and every situation is unique. Our clinicians carefully consider each circumstance to ensure decisions are made in the young person's best interests while complying with Australian law and professional standards.
Frequently Asked Questions
Sometimes. This depends on the purpose of the appointment, the young person's capacity to consent and the judgement of the treating psychologist.
Psychologists generally encourage young people to involve their parents, but some conversations may remain confidential where appropriate. General treatment goals and recommendations are often discussed collaboratively while respecting the young person's privacy.
Depending on their maturity, the purpose of treatment and the clinician's assessment, there may be circumstances where a young person attends independently.
Yes. If a young person is not assessed as having the capacity to consent independently, or where parental consent is otherwise required, Spencer Health may require consent from a parent or person with parental responsibility before treatment can proceed.
This page was last reviewed: August 2026
If you require this information in an alternative format or need assistance to raise a concern, please contact our team and we will be happy to assist.
