TKN [2019] NSWCATGD 39

TKN [2019] NSWCATGD 39

The proposed abdominal hysterectomy does not amount to 'special medical treatment' under s 33 of the Guardianship Act because TKN is already permanently infertile; therefore, consent may be given by the person responsible and Tribunal consent is not required.

Jurisdiction
Australia
Judgment Date
23 July 2019
Procedural Posture
Application for Consent to Special Medical Treatment / Hearing and Decision
Outcome
Application dismissed
Legal Topics
['consent to Medical Treatment' 'special Medical Treatment' 'permanent Infertility']
['guardianship' 'health Law'] ['consent to Medical Treatment' 'special Medical Treatment' 'permanent Infertility']

Case Brief

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Procedural Posture

Application for Consent to Special Medical Treatment / Hearing and Decision

Legal Issues

  1. 1 ["Whether the proposed abdominal hysterectomy constitutes 'special medical treatment' under s 33 of the Guardianship Act 1987 (NSW)" 'Whether Tribunal consent is required in circumstances where the patient is already permanently infertile']

Ratio Decidendi

The proposed abdominal hysterectomy does not amount to 'special medical treatment' under s 33 of the Guardianship Act because TKN is already permanently infertile; therefore, consent may be given by the person responsible and Tribunal consent is not required.

Court Disposition

Application dismissed

Orders

  • ['The application for consent to special medical treatment is dismissed after hearing.']