SFB [2016] NSWCATGD 60

SFB [2016] NSWCATGD 60

Laparotomy myomectomy is not special medical treatment under the Act since it does not render a person permanently infertile; therefore, consent for the procedure can be provided by Miss SFB's parents, not the Tribunal.

Parties
Subject Person: Miss SFB; Applicant: Dr TYH
Jurisdiction
Australia
Judgment Date
25 July 2016
Procedural Posture
Application for Consent to Special Medical Treatment / Final Determination
Outcome
application dismissed
Legal Topics
Special Medical Treatment, Consent to Medical Treatment
Guardianship Law Special Medical Treatment Consent to Medical Treatment

Case Brief

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Parties

Miss SFB

Subject Person

Dr TYH

Applicant

Procedural Posture

Application for Consent to Special Medical Treatment / Final Determination

Legal Issues

  1. 1 Whether laparotomy myomectomy constitutes special medical treatment under s 33 Guardianship Act 1987 (NSW)
  2. 2 Who has authority to consent to the proposed treatment
  3. 3 Whether the Tribunal should grant consent to treatment

Ratio Decidendi

Laparotomy myomectomy is not special medical treatment under the Act since it does not render a person permanently infertile; therefore, consent for the procedure can be provided by Miss SFB's parents, not the Tribunal.

Court Disposition

application dismissed

Orders

  • The application for consent to special medical treatment made by Dr TYH in respect of Miss SFB is dismissed