DKS [2019] NSWCATGD 37

DKS [2019] NSWCATGD 37

The Tribunal was not satisfied, on the evidence, that increasing the dose of Cyproterone Acetate to 200 mg per day was the most appropriate treatment for DKS, nor manifestly in his best interests, given insufficient evidence for its necessity, inconsistent behavioural records, existence of less invasive alternatives, and limited monitoring of side effects or benefits. Accordingly, consent for the special medical treatment was refused.

Parties
The Person: DKS; Applicant: MZT
Jurisdiction
Australia
Judgment Date
15 May 2019
Procedural Posture
Application for Consent to Special Medical Treatment / Hearing and Determination
Outcome
application for consent to special medical treatment dismissed
Legal Topics
Consent to Medical Treatment, Special Medical Treatment, Restrictive Practices, Chemical Restraint
Guardianship Law Health Law Consent to Medical Treatment Special Medical Treatment Restrictive Practices Chemical Restraint

Case Brief

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Parties

DKS

The Person

MZT

Applicant

Procedural Posture

Application for Consent to Special Medical Treatment / Hearing and Determination

Legal Issues

  1. 1 Is the proposed treatment (Cyproterone Acetate 200 mg per day) the most appropriate and in DKS's best interests?
  2. 2 Is there sufficient evidence to justify consent for special medical treatment for behavioural control?
  3. 3 Are there alternative options to chemical restraint for managing DKS's behaviour?

Ratio Decidendi

The Tribunal was not satisfied, on the evidence, that increasing the dose of Cyproterone Acetate to 200 mg per day was the most appropriate treatment for DKS, nor manifestly in his best interests, given insufficient evidence for its necessity, inconsistent behavioural records, existence of less invasive alternatives, and limited monitoring of side effects or benefits. Accordingly, consent for the special medical treatment was refused.

Court Disposition

application for consent to special medical treatment dismissed

Orders

  • The application for consent to special medical treatment (Cyproterone Acetate 200 mg per day) is dismissed after hearing.