NXU [2023] NSWCATGD 24

NXU [2023] NSWCATGD 24

The Tribunal consented to the proposed hysterectomy as special medical treatment because NXU is not capable of providing consent due to intellectual disability, no sufficiently effective alternative treatments are available, the proposed treatment is necessary to prevent serious damage to health and complies with relevant guidelines.

Parties
Person: NXU; Applicant: EUM; Carer: NZU
Jurisdiction
Australia
Judgment Date
09 November 2023
Procedural Posture
Application for Consent to Special Medical Treatment / Final Determination
Outcome
Consent given for special medical treatment (hysterectomy) for NXU for a period of twelve months.
Legal Topics
Consent to Medical Treatment, Special Medical Treatment, Capacity to Consent, Necessity of Treatment
Guardianship Health Law Consent to Medical Treatment Special Medical Treatment Capacity to Consent Necessity of Treatment

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Parties

NXU

Person

EUM

Applicant

NZU

Carer

Procedural Posture

Application for Consent to Special Medical Treatment / Final Determination

Legal Issues

  1. 1 Is the proposed hysterectomy special medical treatment under the Guardianship Act?
  2. 2 Is the patient capable of providing consent?
  3. 3 Are alternative treatments available and appropriate?

Ratio Decidendi

The Tribunal consented to the proposed hysterectomy as special medical treatment because NXU is not capable of providing consent due to intellectual disability, no sufficiently effective alternative treatments are available, the proposed treatment is necessary to prevent serious damage to health and complies with relevant guidelines.

Court Disposition

Consent given for special medical treatment (hysterectomy) for NXU for a period of twelve months.

Orders

  • Consent to hysterectomy (removal of uterus and cervix and bilateral fallopian tubes) under general anaesthetic, and any necessary treatment normally provided in association with or directly consequent upon that treatment.
  • Consent effective for a period of twelve months from the order date.