NGN [2020] NSWCATGD 100

NGN [2020] NSWCATGD 100

The Tribunal was not satisfied that NGN was incapable of understanding the general nature and effect of the proposed termination procedure. The evidence showed that NGN had consistently expressed a wish to end the pregnancy, understood that she would no longer be pregnant and would not have a baby, had been able to recount the procedure and possible side effects to others, had considered alternatives and consequences with support, and was not acting under undue influence. Because NGN was not incapable of giving consent, Part 5 of the Guardianship Act 1987 (NSW) did not apply and the application for consent to special medical treatment was dismissed. The guardianship order was varied to...

Jurisdiction
Australia
Judgment Date
05 June 2020
Procedural Posture
Application for Consent to Special Medical Treatment and Requested Review of Guardianship Order / Hearing Before the NSW Civil and Administrative Tribunal, Guardianship Division; Application Dismissed and Guardianship Order Reviewed and Varied
Outcome
Application seeking consent to special medical treatment dismissed after hearing; guardianship order reviewed and varied.
Legal Topics
['special Medical Treatment' 'termination of Pregnancy' 'capacity to Consent' 'review of Guardianship Order' 'authority to Override Objections to Medical Treatment']
['guardianship' 'medical Treatment Consent'] ['special Medical Treatment' 'termination of Pregnancy' 'capacity to Consent' 'review of Guardianship Order' 'authority to Override Objections to Medical Treatment']

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Procedural Posture

Application for Consent to Special Medical Treatment and Requested Review of Guardianship Order / Hearing Before the NSW Civil and Administrative Tribunal, Guardianship Division; Application Dismissed and Guardianship Order Reviewed and Varied

Legal Issues

  1. 1 ['Whether NGN was incapable of giving consent to the carrying out of the proposed termination of pregnancy.' 'Whether NGN was incapable of understanding the general nature and effect of the proposed treatment.' 'Whether Part 5 of the Guardianship Act 1987 (NSW) applied to NGN in relation to the proposed special medical treatment.' "Whether the guardianship order should be varied to give TZE authority to override NGN's objection to major or minor medical treatment."]

Ratio Decidendi

The Tribunal was not satisfied that NGN was incapable of understanding the general nature and effect of the proposed termination procedure. The evidence showed that NGN had consistently expressed a wish to end the pregnancy, understood that she would no longer be pregnant and would not have a baby, had been able to recount the procedure and possible side effects to others, had considered alternatives and consequences with support, and was not acting under undue influence. Because NGN was not incapable of giving consent, Part 5 of the Guardianship Act 1987 (NSW) did not apply and the application for consent to special medical treatment was dismissed. The guardianship order was varied to...

Court Disposition

Application seeking consent to special medical treatment dismissed after hearing; guardianship order reviewed and varied.

Orders

  • ['The application seeking consent to special medical treatment for NGN is dismissed after hearing, because the Tribunal was not satisfied that NGN is incapable of giving consent to the carrying out of the treatment.' 'TZE, of [Address removed for publication.], is appointed as the guardian.' 'This is a continuing...