UFL [2020] NSWCATGD 82

UFL [2020] NSWCATGD 82

The Tribunal dismissed the application because continued Cyproterone treatment presented substantial risk to UFL, particularly given his meningioma, abnormal liver results and lack of osteoporosis testing, while the Tribunal was not satisfied that his behaviours of concern were testosterone-induced, that Cyproterone was appropriate or necessary to address them, or that adequate environmental and behavioural alternatives had been trialled.

Jurisdiction
Australia
Judgment Date
09 December 2020
Procedural Posture
Application for Consent to Special Medical Treatment in the Guardianship Division / Dismissed After Hearing
Outcome
The application for special medical treatment was dismissed after hearing and consent to administer Cyproterone was declined.
Legal Topics
['special Medical Treatment' 'androgen Reducing Medication' 'behavioural Control' 'capacity to Consent' 'best Interests' 'cyproterone' 'meningioma']
['guardianship' 'consent to Medical Treatment'] ['special Medical Treatment' 'androgen Reducing Medication' 'behavioural Control' 'capacity to Consent' 'best Interests' 'cyproterone' 'meningioma']

Case Brief

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Procedural Posture

Application for Consent to Special Medical Treatment in the Guardianship Division / Dismissed After Hearing

Legal Issues

  1. 1 ['Whether the proposed administration of Cyproterone was special medical treatment.' 'Whether UFL 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 UFL's health and well-being, and manifestly in his best interests." "Whether the risks of Cyproterone, including in the context of UFL's meningioma, abnormal liver results and lack of osteoporosis testing, outweighed its asserted benefits." "Whether adequate alternative strategies had been trialled to address UFL's disinhibited sexualised behaviour."]

Ratio Decidendi

The Tribunal dismissed the application because continued Cyproterone treatment presented substantial risk to UFL, particularly given his meningioma, abnormal liver results and lack of osteoporosis testing, while the Tribunal was not satisfied that his behaviours of concern were testosterone-induced, that Cyproterone was appropriate or necessary to address them, or that adequate environmental and behavioural alternatives had been trialled.

Court Disposition

The application for special medical treatment was dismissed after hearing and consent to administer Cyproterone was declined.

Orders

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