QXB [2018] NSWCATGD 18

QXB [2018] NSWCATGD 18

The Tribunal found that the applicant, JHN, had standing for both guardianship and consent to medical treatment applications. The guardianship application was dismissed by consent of the Tribunal at the request of the applicant. Regarding the medical treatment application, the Tribunal was not satisfied, due to insufficient evidence (particularly lack of expert gynecological advice, potential risks from Depo-Provera, and Ms QXB's opposition), that it was appropriate to consent to the proposed treatment. Therefore, consent was refused and the application dismissed.

Parties
The Person: Ms QXB; Applicant: Justice Health & Forensic Mental Health Network; Public Guardian
Jurisdiction
Australia
Judgment Date
06 April 2018
Procedural Posture
Guardianship and Medical Consent Application / Hearing and Determination
Outcome
Application for consent to medical treatment dismissed; guardianship application withdrawn and dismissed.
Legal Topics
Standing to Bring an Application, Consent to Medical Treatment, Procedural Fairness, Withdrawal of Application
Guardianship Law Health Law Mental Health Law Standing to Bring an Application Consent to Medical Treatment Procedural Fairness Withdrawal of Application

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Parties

Ms QXB

The Person

Justice Health & Forensic Mental Health Network

Applicant

Public Guardian

Procedural Posture

Guardianship and Medical Consent Application / Hearing and Determination

Legal Issues

  1. 1 Whether the applicant has standing to bring a guardianship or medical consent application
  2. 2 Whether consent should be granted for administration of Depo-Provera to Ms QXB
  3. 3 Procedural fairness to the subject person in the hearing process

Ratio Decidendi

The Tribunal found that the applicant, JHN, had standing for both guardianship and consent to medical treatment applications. The guardianship application was dismissed by consent of the Tribunal at the request of the applicant. Regarding the medical treatment application, the Tribunal was not satisfied, due to insufficient evidence (particularly lack of expert gynecological advice, potential risks from Depo-Provera, and Ms QXB's opposition), that it was appropriate to consent to the proposed treatment. Therefore, consent was refused and the application dismissed.

Court Disposition

Application for consent to medical treatment dismissed; guardianship application withdrawn and dismissed.

Orders

  • The application for consent to medical treatment is dismissed after hearing.
  • The application for a Guardianship Order is dismissed because Justice Health and Forensic Mental Health Network sought to withdraw the application and the Tribunal consented to the withdrawal.