EFC [2020] NSWCATGD 27

EFC [2020] NSWCATGD 27

Spectrum Blue constitutes 'new treatment' for the purposes of the Act, standard treatment options have failed or are not absolutes, there is established evidence of safety for the proposed use, and the balance of evidence supports the Tribunal's satisfaction that Spectrum Blue is the most appropriate treatment for EFC and manifestly in his best interests, warranting the Tribunal's consent and delegation of ongoing consent to the Public Guardian.

Parties
The Person: EFC; Applicant: Public Guardian; Carer: QFC
Jurisdiction
Australia
Judgment Date
17 September 2020
Procedural Posture
Application for Consent to Special Medical Treatment / Hearing and Determination of Application
Outcome
Application granted; Tribunal consented to special medical treatment and delegated ongoing consent authority to Public Guardian.
Legal Topics
Consent to Medical Treatment, Special Medical Treatment, Use of Unregistered Cannabis Medicine, Best Interests of Incapacitated Person
Guardianship Law Health Law Consent to Medical Treatment Special Medical Treatment Use of Unregistered Cannabis Medicine Best Interests of Incapacitated Person

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Parties

EFC

The Person

Public Guardian

Applicant

QFC

Carer

Procedural Posture

Application for Consent to Special Medical Treatment / Hearing and Determination of Application

Legal Issues

  1. 1 Whether consent should be given to special medical treatment for EFC under the Guardianship Act 1987 (NSW)
  2. 2 Whether the proposed treatment (Spectrum Blue) is the most appropriate for EFC
  3. 3 Whether the proposed treatment is manifestly in EFC's best interests

Ratio Decidendi

Spectrum Blue constitutes 'new treatment' for the purposes of the Act, standard treatment options have failed or are not absolutes, there is established evidence of safety for the proposed use, and the balance of evidence supports the Tribunal's satisfaction that Spectrum Blue is the most appropriate treatment for EFC and manifestly in his best interests, warranting the Tribunal's consent and delegation of ongoing consent to the Public Guardian.

Court Disposition

Application granted; Tribunal consented to special medical treatment and delegated ongoing consent authority to Public Guardian.

Orders

  • The Tribunal consents to the following special medical treatment being provided to EFC: Spectrum Blue Cannabis Oil (THC 10mg/ml, CBD 15mg/ml) up to a maximum dose of 2mls three times per day.
  • This consent is effective for a period of one year from the date of this order.