UZM [2021] NSWCATGD 15

UZM [2021] NSWCATGD 15

The Tribunal found UZM incapable of consenting due to autism spectrum disorder and accepted evidence from his father (person responsible) and GP that there were no health risks. It was determined that the vaccination is necessary to promote UZM's health and well-being. The Tribunal consented to the vaccination despite UZM's objection, but did not disregard his objection as his distress was not found reasonably tolerable and transitory.

Jurisdiction
Australia
Judgment Date
09 September 2021
Procedural Posture
Guardianship Application / Final Determination
Outcome
Consent granted to medical treatment despite objection
Legal Topics
['consent to Medical Treatment' 'covid 19 Vaccination' 'prophylactic Treatment' 'objection to Treatment' 'capacity to Consent']
['guardianship' 'health Law'] ['consent to Medical Treatment' 'covid 19 Vaccination' 'prophylactic Treatment' 'objection to Treatment' 'capacity to Consent']

Case Brief

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Procedural Posture

Guardianship Application / Final Determination

Legal Issues

  1. 1 ['Whether the Tribunal should consent to the COVID-19 vaccination for UZM despite his objection' 'Whether UZM is incapable of consenting to the proposed medical treatment' 'Whether objection to vaccination can be disregarded' "Whether the proposed treatment is necessary to promote UZM's health and well-being"]

Ratio Decidendi

The Tribunal found UZM incapable of consenting due to autism spectrum disorder and accepted evidence from his father (person responsible) and GP that there were no health risks. It was determined that the vaccination is necessary to promote UZM's health and well-being. The Tribunal consented to the vaccination despite UZM's objection, but did not disregard his objection as his distress was not found reasonably tolerable and transitory.

Court Disposition

Consent granted to medical treatment despite objection

Orders

  • ['The Tribunal consents to a full course of Pfizer or AstraZeneca COVID-19 vaccine and any necessary associated treatment for UZM.' 'Consent is effective for three months from the date of order.' 'Consent is effective even though UZM objects to the treatment.']