SHC [2016] NSWCATGD 72

SHC [2016] NSWCATGD 72

The Tribunal found Mr SHC incapable of providing valid consent to the proposed androgen-reducing medication due to intellectual disability. Cyproterone acetate 150mg daily is 'special treatment' under the relevant regulations and is the most appropriate and only effective treatment for promoting Mr SHC’s health and well-being. Despite risks such as osteoporosis, the evidence showed rigorous monitoring in place, and the benefits outweighed the risks. The Tribunal was satisfied the legal requirements to consent on Mr SHC’s behalf were met.

Jurisdiction
Australia
Judgment Date
15 April 2016
Procedural Posture
Guardianship Application – Special Medical Consent / Determination of Application for Consent to Special Medical Treatment
Outcome
Application granted – Special medical treatment consented to for 21 months
Legal Topics
['special Medical Treatment' 'incapacity and Consent' 'androgen Reducing Medication' 'paedophilia and Disability' 'tribunal Powers Under Guardianship Act']
['guardianship Law' 'health Law'] ['special Medical Treatment' 'incapacity and Consent' 'androgen Reducing Medication' 'paedophilia and Disability' 'tribunal Powers Under Guardianship Act']

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Procedural Posture

Guardianship Application – Special Medical Consent / Determination of Application for Consent to Special Medical Treatment

Legal Issues

  1. 1 ["Whether proposed treatment is 'special treatment' under Guardianship Act" 'Whether Mr SHC is incapable of consenting to the treatment' "Whether the proposed treatment is the most appropriate for Mr SHC's condition" 'Whether the treatment is manifestly in his best interests']

Ratio Decidendi

The Tribunal found Mr SHC incapable of providing valid consent to the proposed androgen-reducing medication due to intellectual disability. Cyproterone acetate 150mg daily is 'special treatment' under the relevant regulations and is the most appropriate and only effective treatment for promoting Mr SHC’s health and well-being. Despite risks such as osteoporosis, the evidence showed rigorous monitoring in place, and the benefits outweighed the risks. The Tribunal was satisfied the legal requirements to consent on Mr SHC’s behalf were met.

Court Disposition

Application granted – Special medical treatment consented to for 21 months

Orders

  • ['The Tribunal consents to the following special medical treatment being provided to Mr SHC: (1) Cyproterone acetate (Androcur) at a dose of 150mg daily; (2) Any necessary associated or consequential treatment. This consent is effective for 21 months from the order date.']