EFC [2020] NSWCATGD 27

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EFC [2020] NSWCATGD 27 Hearing dates: 17 September 2020 Date of orders: 17 September 2020 Decision date: 17 September 2020 Jurisdiction: Guardianship Division Before: M D Schyvens, Deputy President Dr G Jamieson, Senior Member (Professional) Decision: The Tribunal consents to the following special medical treatment being provided to EFC: Spectrum Blue Cannabis Oil (THC 10mg/ml, CBD 15mg/ml) up to a maximum dose of 2mls three times per day This consent is effective for a period of one year from the date of this order. The Tribunal confers on the Public Guardian, as EFC's guardian with the authority to give or withhold consent to medical treatment for EFC, the authority to consent to the special treatment proposed in this order, as required, for a period of one year. Catchwords: CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – "new treatment" – whether proposed treatment is the most appropriate treatment – unregistered cannabis medicine – Therapeutic Goods Administration Special Access Scheme Category B - whether it is manifestly in patient's best interests that the treatment is carried out – standard treatments not improving patient's quality of life – patient experiencing agitation, insomnia, and loss of appetite – risk benefit analysis – treatment exhibits very low risk profile and evidence of potential benefit to patient's quality of life – manifestly in the patient's best interests to be given opportunity to receive proposed treatment – orders made – Public Guardian given authority to provide ongoing consent to special treatment. Legislation Cited: Guardianship Act 1987 (NSW), ss 33(1), 34, 42(2), 44(1)-(2), 45(3)(a), 45(3)(c)-(d), 45A, Pt 5 Guardianship Regulation 2016 (NSW), regs 9, 14,14(a) Cases Cited: Nil Texts Cited: A I A Ahmed, et al., "Safety, pharmacodynamics, and pharmacokinetics of multiple oral doses of delta-9-tetrahydrocannabinol in patients with dementia" (2015) 232 Psychopharmacology 2587, 2594 G A H van den Elsen, et al. G A H van den Elsen, et al., "Effects of tetrahydrocannabinol on balance and gait in patients with dementia: A randomised controlled crossover trial" (2017) 31(2) Journal of Psychopharmacology 184, 189 Category: Principal judgment Parties: 007: Consent to Special Medical Treatment