BKC [2016] NSWCATGD 71

BKC [2016] NSWCATGD 71

The Tribunal refused the application for consent to special medical treatment in respect of Mr BKC because the evidence established that Mr BKC is capable of providing consent on his own behalf to the administration of Cyproterone acetate, and thus the Tribunal is not able to provide consent on his behalf.

Parties
Subject Person: Mr BKC; Applicant: Mr KAQ; Guardian: NSW Public Guardian
Jurisdiction
Australia
Judgment Date
15 April 2016
Procedural Posture
Application for Consent to Special Medical Treatment / Final Decision
Outcome
Application for consent to special medical treatment refused and dismissed.
Legal Topics
Special Medical Treatment, Capacity to Consent, Androcur, Intellectual Disability, Paedophilic Tendencies
Guardianship Law Health Law Special Medical Treatment Capacity to Consent Androcur Intellectual Disability Paedophilic Tendencies

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Parties

Mr BKC

Subject Person

Mr KAQ

Applicant

NSW Public Guardian

Guardian

Procedural Posture

Application for Consent to Special Medical Treatment / Final Decision

Legal Issues

  1. 1 Whether Mr BKC is capable of providing consent to the administration of Cyproterone acetate (Androcur) as special medical treatment
  2. 2 Whether the Tribunal should consent to the special medical treatment on behalf of Mr BKC

Ratio Decidendi

The Tribunal refused the application for consent to special medical treatment in respect of Mr BKC because the evidence established that Mr BKC is capable of providing consent on his own behalf to the administration of Cyproterone acetate, and thus the Tribunal is not able to provide consent on his behalf.

Court Disposition

Application for consent to special medical treatment refused and dismissed.

Orders

  • The application for consent to special medical treatment made by Mr KAQ in respect of Mr BKC is refused and therefore dismissed.