The project will review the current law regulating the circumcision of male children in Australia, with particular reference to Tasmania. The project will examine the criminal and civil responsibility of those who perform, aid or instigate the procedure.

In relation to civil responsibility, the project will examine the requirement of informed consent and the unique nature of the procedure (e.g. that it is most commonly performed on neonates; that it is rarely medically necessary; and that it is sometimes performed outside of a surgical setting by people without medical qualifications who vary on the degree of their recognition of the various recommended surgical techniques).

Questions of who may consent or authorise the procedure when children are involved will also be addressed. This will include a discussion of the Family Law Act and the common law upon the question of whether, and if so when, the authorisation of the courts may be required for the procedure. The role of the Child’s consent or otherwise to the procedure will also be discussed in light of ‘Gillick’s Case’ [1985] 3 All ER 402 and recent High Court decisions.

The possible constitutional, equal protection from the law and discrimination issues that arise depending on whether circumcision is lawful or unlawful currently will also be investigated.

In examining these issues, the project will take account of the law in foreign jurisdictions and international law.

This topic for law reform was suggested by the Tasmanian Commissioner for Children.

An issues paper will be released in 2008.