SKZ [2021] NSWCATGD 39

SKZ [2021] NSWCATGD 39

The Tribunal determined that SKZ is incapable of giving informed consent to the proposed special medical treatment, the treatment is necessary to prevent serious damage to SKZ's health, is likely to render SKZ permanently infertile, and is the most appropriate treatment; therefore, consent was given under the Guardianship Act even though SKZ objects.

Parties
Person: SKZ; Applicant: EAF; Carer: BYT
Jurisdiction
Australia
Judgment Date
19 August 2021
Procedural Posture
Consent to Special Medical Treatment / Principal Judgment
Outcome
Consent given
Legal Topics
Consent to Medical Treatment, Special Medical Treatment, Capacity to Consent, Laparoscopic Right Oophorectomy, Cystectomy, Bilateral Salpingectomy, Permanent Infertility, Intellectual Disability
Guardianship Law Health Law Consent to Medical Treatment Special Medical Treatment Capacity to Consent Laparoscopic Right Oophorectomy Cystectomy Bilateral Salpingectomy +2 more

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Parties

SKZ

Person

EAF

Applicant

BYT

Carer

Procedural Posture

Consent to Special Medical Treatment / Principal Judgment

Legal Issues

  1. 1 Is the treatment proposed by the applicant 'special medical treatment'?
  2. 2 Is SKZ incapable of giving consent to the proposed special treatment?
  3. 3 Is the treatment necessary to save SKZ's life or to prevent serious damage to SKZ's health?

Ratio Decidendi

The Tribunal determined that SKZ is incapable of giving informed consent to the proposed special medical treatment, the treatment is necessary to prevent serious damage to SKZ's health, is likely to render SKZ permanently infertile, and is the most appropriate treatment; therefore, consent was given under the Guardianship Act even though SKZ objects.

Court Disposition

Consent given

Orders

  • The Tribunal consents to the following special medical treatment being provided to SKZ: laparoscopic right oophorectomy and cystectomy and bilateral salpingectomy under a general anaesthetic and any necessary treatment that would normally be provided in association with or directly consequent upon the above treatment.
  • This consent is effective for a period of six months from the date of this order.