LWN [2018] NSWCATGD 26

LWN [2018] NSWCATGD 26

The Tribunal accepted evidence from Dr KZL, Mr Z, Ms Y, Ms Earlam and Mr LWN showing that Mr LWN understood the nature and effect of the proposed Androcur treatment, including monitoring and possible side effects, and could communicate consent. He was therefore not incapable of giving consent under Pt 5 of the Guardianship Act 1987 (NSW), so the Tribunal could not provide consent and dismissed the application.

Jurisdiction
Australia
Judgment Date
24 September 2018
Procedural Posture
Consent to Medical or Dental Treatment; Special Medical Consent / Hearing of Application for Tribunal Consent to Medical Treatment
Outcome
Application dismissed after hearing.
Legal Topics
['presumption of Capacity' 'capability to Consent to Medical Treatment' 'special Medical Treatment' 'androgen Reducing Medication for Behavioural Control']
['guardianship' 'consent to Medical or Dental Treatment'] ['presumption of Capacity' 'capability to Consent to Medical Treatment' 'special Medical Treatment' 'androgen Reducing Medication for Behavioural Control']

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Procedural Posture

Consent to Medical or Dental Treatment; Special Medical Consent / Hearing of Application for Tribunal Consent to Medical Treatment

Legal Issues

  1. 1 ['Whether Mr LWN was incapable of giving consent to the proposed treatment with Cyproterone acetate.' 'Whether the Tribunal could provide consent to the proposed treatment under Pt 5 of the Guardianship Act 1987 (NSW).']

Ratio Decidendi

The Tribunal accepted evidence from Dr KZL, Mr Z, Ms Y, Ms Earlam and Mr LWN showing that Mr LWN understood the nature and effect of the proposed Androcur treatment, including monitoring and possible side effects, and could communicate consent. He was therefore not incapable of giving consent under Pt 5 of the Guardianship Act 1987 (NSW), so the Tribunal could not provide consent and dismissed the application.

Court Disposition

Application dismissed after hearing.

Orders

  • ['The application for the Tribunal to consent to medical treatment, namely administration of Cyproterone acetate is dismissed after hearing.']