KXF [2019] NSWCATGD 40

KXF [2019] NSWCATGD 40

The Tribunal was satisfied that Androcur was special treatment because it is an androgen reducing medication proposed for behavioural control, that KXF was incapable of consenting because of cognitive impairment from an acquired brain injury, and that a further monitored trial was the most appropriate treatment and manifestly in KXF's best interests given reported reductions in sexualised behaviour, absence of likely effective alternatives, and the need to reduce risks to KXF and others.

Jurisdiction
Australia
Judgment Date
10 July 2019
Procedural Posture
Application for Consent to Special Medical Treatment / Final Decision After Hearing
Outcome
Consent to special medical treatment granted for three months, with KXF's appointed guardian authorised to consent to continuation for the remaining term of the guardianship order.
Legal Topics
['special Medical Treatment' 'androgen Reducing Medication for Behavioural Control' 'capacity to Consent' 'acquired Brain Injury' 'guardianship Order']
['guardianship' 'medical Treatment Consent'] ['special Medical Treatment' 'androgen Reducing Medication for Behavioural Control' 'capacity to Consent' 'acquired Brain Injury' 'guardianship Order']

Case Brief

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Procedural Posture

Application for Consent to Special Medical Treatment / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether the proposed treatment with Cyproterone Acetate (Androcur) was special treatment.' 'Whether KXF was incapable of providing consent to the proposed treatment on his own behalf.' "Whether the proposed treatment was the most appropriate form of treatment for promoting and maintaining KXF's health and wellbeing." "Whether the proposed treatment was manifestly in KXF's best interests." 'Whether the proposed treatment complied with relevant guidelines.']

Ratio Decidendi

The Tribunal was satisfied that Androcur was special treatment because it is an androgen reducing medication proposed for behavioural control, that KXF was incapable of consenting because of cognitive impairment from an acquired brain injury, and that a further monitored trial was the most appropriate treatment and manifestly in KXF's best interests given reported reductions in sexualised behaviour, absence of likely effective alternatives, and the need to reduce risks to KXF and others.

Court Disposition

Consent to special medical treatment granted for three months, with KXF's appointed guardian authorised to consent to continuation for the remaining term of the guardianship order.

Orders

  • ['The Tribunal consents to Cyproterone acetate (Androcur) up to a dose of 100 mg twice a day and any necessary treatment that would normally be provided in association with or directly consequent upon that treatment being provided to KXF.' 'This consent is effective for a period of three months from the date of this...