NLD [2022] NSWCATGD 13

NLD [2022] NSWCATGD 13

The Tribunal determined that NLD is incapable of giving informed consent due to intellectual disability, the proposed treatment is special medical treatment as it results in permanent infertility, all alternative treatments have been explored and are either ineffective or unsuitable, and the treatment is necessary to prevent serious damage to NLD's health. Consent to the proposed treatment is therefore appropriate under the relevant provisions of the Guardianship Act 1987 (NSW).

Jurisdiction
Australia
Judgment Date
29 April 2022
Procedural Posture
Application for Consent to Special Medical Treatment / Final Determination
Outcome
Consent granted for special medical treatment
Legal Topics
['consent to Medical Treatment' 'special Medical Treatment' 'intellectual Disability']
['guardianship'] ['consent to Medical Treatment' 'special Medical Treatment' 'intellectual Disability']

Case Brief

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Procedural Posture

Application for Consent to Special Medical Treatment / Final Determination

Legal Issues

  1. 1 ["Is the treatment proposed by the applicant 'special medical treatment'?" 'Is NLD incapable of giving consent to the proposed special treatment?' "Is the treatment necessary to save NLD's life or to prevent serious damage to NLD's health?" "Is the proposed special treatment the most appropriate form of treatment for promoting and maintaining NLD's health and wellbeing?"]

Ratio Decidendi

The Tribunal determined that NLD is incapable of giving informed consent due to intellectual disability, the proposed treatment is special medical treatment as it results in permanent infertility, all alternative treatments have been explored and are either ineffective or unsuitable, and the treatment is necessary to prevent serious damage to NLD's health. Consent to the proposed treatment is therefore appropriate under the relevant provisions of the Guardianship Act 1987 (NSW).

Court Disposition

Consent granted for special medical treatment

Orders

  • ['The Tribunal consents to total hysterectomy and bilateral salpingectomy for NLD, under general anaesthetic and any necessary treatment that would normally be provided in association with or directly consequent upon the above treatment.' 'This consent is effective for a period of 12 months from the date of the...