QKQ [2022] NSWCATGD 11

QKQ [2022] NSWCATGD 11

QKQ continued to have conditions, including intellectual disability, which restricted his ability to manage his person and required assistance and supervision, so a further guardianship order was justified. There remained a need for decisions about accommodation, services, health care, medical and dental treatment, restrictive practices, and continuation of special treatment, and no private person was available, so the Public Guardian was reappointed for three years. QKQ lacked a proper understanding of the nature and effect of Androcur treatment, and the Tribunal accepted that Androcur up to 400 mg daily, together with ecological strategies, was currently the most appropriate treatment...

Jurisdiction
Australia
Judgment Date
03 March 2022
Procedural Posture
Guardianship; Application for Consent to Special Medical Treatment / End of Term Review of Guardianship Order and Application for Consent to Special Medical Treatment
Outcome
Consent to special medical treatment was granted for a limited period of three months, and the guardianship order was renewed and varied with the Public Guardian reappointed for three years.
Legal Topics
['special Medical Treatment' 'anti Androgen Medication' 'cyproterone Acetate' 'capacity to Consent' 'intellectual Disability' 'chemical Restraint' 'environmental Restraint']
['guardianship' 'medical Treatment Consent' 'restrictive Practices'] ['special Medical Treatment' 'anti Androgen Medication' 'cyproterone Acetate' 'capacity to Consent' 'intellectual Disability' 'chemical Restraint' 'environmental Restraint']

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Procedural Posture

Guardianship; Application for Consent to Special Medical Treatment / End of Term Review of Guardianship Order and Application for Consent to Special Medical Treatment

Legal Issues

  1. 1 ['Whether QKQ continued to have a disability which prevented him from being able to make important life decisions and was a person for whom a further guardianship order could be made.' 'Whether a further guardianship order should be made, what functions and authority it should include, who should be appointed guardian, and how long the order should last.' 'Whether the proposed administration of Cyproterone Acetate (Androcur) was special treatment.' 'Whether QKQ was incapable of providing consent to the proposed treatment.' "Whether the proposed treatment was appropriate, the most appropriate form of treatment for promoting and maintaining QKQ's health and wellbeing, manifestly in his best interests, and compliant with any relevant guidelines."]

Ratio Decidendi

QKQ continued to have conditions, including intellectual disability, which restricted his ability to manage his person and required assistance and supervision, so a further guardianship order was justified. There remained a need for decisions about accommodation, services, health care, medical and dental treatment, restrictive practices, and continuation of special treatment, and no private person was available, so the Public Guardian was reappointed for three years. QKQ lacked a proper understanding of the nature and effect of Androcur treatment, and the Tribunal accepted that Androcur up to 400 mg daily, together with ecological strategies, was currently the most appropriate treatment...

Court Disposition

Consent to special medical treatment was granted for a limited period of three months, and the guardianship order was renewed and varied with the Public Guardian reappointed for three years.

Orders

  • ['The Tribunal consents to Androcur (Cyproterone Acetate) up to 400 mg daily and any necessary treatment that would normally be provided in association with or directly consequent upon that treatment being provided to QKQ.' 'The consent to special medical treatment is effective for a period of three months from the...