KXT [2022] NSWCATGD 6

KXT [2022] NSWCATGD 6

KXT is incapable of providing consent due to her medical condition. The removal of both ovaries constitutes special medical treatment as it will result in permanent infertility. The Tribunal is satisfied the treatment is necessary to save KXT’s life or prevent serious damage to her health, is the most appropriate course of treatment, and that consent should be given under the Guardianship Act 1987 (NSW).

Jurisdiction
Australia
Judgment Date
05 July 2022
Procedural Posture
Application for Consent to Special Medical Treatment / First Instance
Outcome
Application granted. Tribunal consents to special medical treatment.
Legal Topics
['consent to Medical Treatment' 'special Medical Treatment' 'permanent Infertility' 'tribunal Consent' 'medical Incapacity']
['guardianship Law' 'health Law'] ['consent to Medical Treatment' 'special Medical Treatment' 'permanent Infertility' 'tribunal Consent' 'medical Incapacity']

Case Brief

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Procedural Posture

Application for Consent to Special Medical Treatment / First Instance

Legal Issues

  1. 1 ['Whether KXT is incapable of consenting to the proposed treatment' 'Whether the applicant has standing to make the application' 'Whether the proposed treatment amounts to special medical treatment' 'Whether the treatment is likely to render KXT permanently infertile' "Whether the proposed treatment is the most appropriate for KXT's health and wellbeing" "Whether the treatment is necessary to save KXT's life or prevent serious damage to her health"]

Ratio Decidendi

KXT is incapable of providing consent due to her medical condition. The removal of both ovaries constitutes special medical treatment as it will result in permanent infertility. The Tribunal is satisfied the treatment is necessary to save KXT’s life or prevent serious damage to her health, is the most appropriate course of treatment, and that consent should be given under the Guardianship Act 1987 (NSW).

Court Disposition

Application granted. Tribunal consents to special medical treatment.

Orders

  • ['The Tribunal consents to the following special medical treatment being provided to KXT: Bilateral salpingo-oophorectomy under general anaesthetic and any necessary treatment that would normally be provided in association with or directly consequent upon this treatment.' 'This consent is effective for a period of...