NKI [2015] NSWCATGD 59

NKI [2015] NSWCATGD 59

The Tribunal consented because the proposed hysterectomy, bilateral salpingectomy and possible associated ovarian procedures were special treatment likely to render Ms NKI permanently infertile; Ms NKI lacked capacity to understand or indicate consent to the treatment; the uncontradicted medical evidence showed that...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 December 2015
Procedural Posture
Application for Consent to Special Medical Treatment Under Part 5 of the Guardianship Act 1987 (nsw) / Guardianship Division Decision and Orders
Outcome
Consent to special medical treatment was given.
Legal Topics
['special Medical Treatment' 'capacity to Consent' 'hysterectomy' 'severe Intellectual Disability' 'menorrhagia' 'complex Endometrial Hyperplasia With Atypia']
['guardianship' 'health Law' 'medical Treatment Consent'] ['special Medical Treatment' 'capacity to Consent' 'hysterectomy' 'severe Intellectual Disability' 'menorrhagia' 'complex Endometrial Hyperplasia With Atypia']

Source-derived case record

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Procedural Posture

Application for Consent to Special Medical Treatment Under Part 5 of the Guardianship Act 1987 (nsw) / Guardianship Division Decision and Orders

Legal Issues

  1. 1 ['Whether the proposed treatment was special treatment within the meaning of s 33(1) of the Guardianship Act 1987 (NSW).' 'Whether Ms NKI was incapable of giving or withholding consent to the proposed treatment under s 33(2) of the Guardianship Act 1987 (NSW).' 'Whether it was appropriate for the proposed treatment to be carried out on Ms NKI under s 44(1) of the Guardianship Act 1987 (NSW).' "Whether the proposed treatment was the most appropriate form of treatment to promote and maintain Ms NKI's health and well-being under s 45(1) of the Guardianship Act 1987 (NSW)." "Whether the proposed treatment was necessary to save Ms NKI's life or prevent serious damage to her health under s 45(2) of the Guardianship Act 1987 (NSW)." 'How the Tribunal should exercise its discretion having regard to the matters in s 44(2) of the Guardianship Act 1987 (NSW).']

Ratio Decidendi

The Tribunal consented because the proposed hysterectomy, bilateral salpingectomy and possible associated ovarian procedures were special treatment likely to render Ms NKI permanently infertile; Ms NKI lacked capacity to understand or indicate consent to the treatment; the uncontradicted medical evidence showed that alternatives had failed or were unsuitable, that the treatment would resolve severe bleeding and eliminate a significant risk of uterine cancer, and that it was appropriate, the most appropriate treatment to promote and maintain her health and well-being, and necessary to prevent serious damage to her health. The views of her parents, the applicant and the separate...

Court Disposition

Consent to special medical treatment was given.

Orders

  • ['The Tribunal consents to total or subtotal abdominal hysterectomy being provided to Miss NKI at the hospital.' 'The Tribunal consents to bilateral salpingectomy being provided to Miss NKI at the hospital.' 'The Tribunal consents to ovarian biopsy, ovarian cystectomy, and unilateral or bilateral oophorectomy if...