MKC [2021] NSWCATGD 38

MKC [2021] NSWCATGD 38

Androcur was special medical treatment because it is androgen reducing medication used for MKC's behavioural control, and MKC was incapable of consenting to it. On the available evidence, continued low-dose Androcur up to 25 mg a day for a short period was the most appropriate treatment to reduce and manage MKC's sexualised behaviour and was manifestly in his best interests, subject to investigations into adverse effects. MKC's disability affected his ability to make important life decisions, no private guardian was available, and a guardian was needed to consent to chemical restraint and make health care and medical or dental treatment decisions; therefore the Public Guardian was...

Jurisdiction
Australia
Judgment Date
15 December 2021
Procedural Posture
Consent to Special Medical Treatment and Guardianship Application / Hearing and Principal Judgment
Outcome
Guardianship order made; Public Guardian appointed; consent given to special medical treatment with conditions.
Legal Topics
['special Medical Treatment' 'cyproterone Acetate (androcur)' 'androgen Reducing Medication for Behavioural Control' 'chemical Restraint' 'restrictive Practices' 'public Guardian Appointment' 'intellectual Disability' 'supported Accommodation']
['guardianship' 'medical Treatment Consent' 'disability Law'] ['special Medical Treatment' 'cyproterone Acetate (androcur)' 'androgen Reducing Medication for Behavioural Control' 'chemical Restraint' 'restrictive Practices' 'public Guardian Appointment' 'intellectual Disability' 'supported Accommodation']

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Procedural Posture

Consent to Special Medical Treatment and Guardianship Application / Hearing and Principal Judgment

Legal Issues

  1. 1 ['Whether Androcur 25 mg a day is special medical treatment because it involves androgen reducing medication for behavioural control.' 'Whether MKC was incapable of giving consent to the proposed treatment.' "Whether continued use of low-dose Androcur was the most appropriate treatment and manifestly in MKC's best interests." 'Whether a guardianship order should be made for MKC.' 'Whether a guardian was needed to consent to the use of chemical restraint and to make health care and medical or dental consent decisions.' 'Who should be appointed guardian and for how long.']

Ratio Decidendi

Androcur was special medical treatment because it is androgen reducing medication used for MKC's behavioural control, and MKC was incapable of consenting to it. On the available evidence, continued low-dose Androcur up to 25 mg a day for a short period was the most appropriate treatment to reduce and manage MKC's sexualised behaviour and was manifestly in his best interests, subject to investigations into adverse effects. MKC's disability affected his ability to make important life decisions, no private guardian was available, and a guardian was needed to consent to chemical restraint and make health care and medical or dental treatment decisions; therefore the Public Guardian was...

Court Disposition

Guardianship order made; Public Guardian appointed; consent given to special medical treatment with conditions.

Orders

  • ['A guardianship order is made for MKC.' 'The Public Guardian is appointed as the guardian.' 'This is a continuing guardianship order for a period of 12 months from 15 December 2021.' 'This is a limited guardianship order giving the guardian custody of MKC to the extent necessary to carry out the functions below.'...