FXE [2018] NSWCATGD 4

FXE [2018] NSWCATGD 4

Miss FXE had a moderate intellectual disability and was at least partially incapable of managing her person, so she was someone for whom the Tribunal could appoint a guardian. However, there was no clear need to appoint a guardian because her parents could continue to consent to medical treatment while she was under 18 through parental responsibility and, in New South Wales, as persons responsible under the Guardianship Act 1987 (NSW). A New South Wales guardianship order would not materially improve their position in Victoria, and there were real doubts whether any s 46A authority to override objections would be registerable or effective there. Services and family involvement could...

Jurisdiction
Australia
Judgment Date
23 February 2018
Procedural Posture
Guardianship Application / Final Decision After Hearing; Application Dismissed
Outcome
The application for guardianship is dismissed.
Legal Topics
['guardianship Orders' 'substitute Consent for Medical Treatment' 'objection to Medical Treatment' 'interstate Recognition of Guardianship Orders' 'parental Responsibility for Persons Under 18']
['guardianship and Administration' 'health Law' 'family Law'] ['guardianship Orders' 'substitute Consent for Medical Treatment' 'objection to Medical Treatment' 'interstate Recognition of Guardianship Orders' 'parental Responsibility for Persons Under 18']

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Procedural Posture

Guardianship Application / Final Decision After Hearing; Application Dismissed

Legal Issues

  1. 1 ['Whether Miss FXE was a person for whom the Tribunal could make a guardianship order because she had a disability preventing her from being able to make important life decisions.' 'Whether the Tribunal should make a guardianship order for Miss FXE and, if so, what order should be made.' "Whether Miss FXE's parents could consent to medical treatment for her in New South Wales or Victoria without a guardianship order." 'Whether a New South Wales guardianship order, including authority under s 46A of the Guardianship Act 1987 (NSW) to override objections to treatment, would be capable of registration or effective operation in Victoria.']

Ratio Decidendi

Miss FXE had a moderate intellectual disability and was at least partially incapable of managing her person, so she was someone for whom the Tribunal could appoint a guardian. However, there was no clear need to appoint a guardian because her parents could continue to consent to medical treatment while she was under 18 through parental responsibility and, in New South Wales, as persons responsible under the Guardianship Act 1987 (NSW). A New South Wales guardianship order would not materially improve their position in Victoria, and there were real doubts whether any s 46A authority to override objections would be registerable or effective there. Services and family involvement could...

Court Disposition

The application for guardianship is dismissed.

Orders

  • ['The application for guardianship is dismissed.']