KQN [2021] NSWCATGD 22

KQN [2021] NSWCATGD 22

The Tribunal held that KQN lacks capacity to consent, and after weighing the reputable medical evidence and submissions, concluded that vaccination with the Pfizer COVID-19 vaccine is the most appropriate way to maintain KQN's health and well-being and prevent serious harm, outweighing unsubstantiated concerns about the vaccine's safety.

Jurisdiction
Australia
Judgment Date
13 August 2021
Procedural Posture
Guardianship Consent to Medical Treatment / Application for Consent to Medical Treatment Determination
Outcome
Consent to medical treatment granted.
Legal Topics
['consent to Medical Treatment' 'covid 19 Vaccination' 'capacity to Consent']
['guardianship' 'health Law'] ['consent to Medical Treatment' 'covid 19 Vaccination' 'capacity to Consent']

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Procedural Posture

Guardianship Consent to Medical Treatment / Application for Consent to Medical Treatment Determination

Legal Issues

  1. 1 ['Whether KQN is incapable of providing consent to medical treatment' "Whether consent should be given to vaccinate KQN with the Pfizer COVID-19 vaccine despite the person responsible's refusal" 'What is the most appropriate form of treatment for KQN to promote and maintain his health and well-being']

Ratio Decidendi

The Tribunal held that KQN lacks capacity to consent, and after weighing the reputable medical evidence and submissions, concluded that vaccination with the Pfizer COVID-19 vaccine is the most appropriate way to maintain KQN's health and well-being and prevent serious harm, outweighing unsubstantiated concerns about the vaccine's safety.

Court Disposition

Consent to medical treatment granted.

Orders

  • ['The Tribunal consents to KQN receiving a full course of vaccination with the Pfizer COVID-19 vaccine and any necessary treatment normally provided in association with or directly consequent upon the vaccination.' 'This consent is effective for six months from the date of the order.' 'Mrs Z is joined as a party.']