UZM [2021] NSWCATGD 15

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: UZM [2021] NSWCATGD 15 Hearing dates: 9 September 2021 Date of orders: 9 September 2021 Decision date: 09 September 2021 Jurisdiction: Guardianship Division Before: J D'Arcy, Senior Member (Legal) Dr I L Beale, Senior Member (Professional) I Ferreira, General Member (Community) Decision: The Tribunal consents to the following medical treatment being provided to UZM: A full course of vaccination with the Pfizer or AstraZeneca COVID-19 vaccine 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 three months from the date of this order. This consent is effective even though UZM objects to the treatment. Catchwords: GUARDIANSHIP – COVID-19 vaccination – consent to medical treatment – prophylactic treatment – objection to vaccination – fear of needles – whether objection can be disregarded – whether vaccine is provided to promote health and well-being – requirement for formal consent Legislation Cited: Guardianship Act 1987 (NSW), Pt 5, ss 33(1)(a), 33A(4), 42, 42(2), 46(4) Guardianship Regulation 2005 (NSW), Pt 3, r 10(f) Cases Cited: None cited. Texts Cited: None cited. Category: Principal judgment Parties: 001: Consent to Medical or Dental Treatment

UZM (the person) TBE (applicant) Representation: Nil. File Number(s): NCAT 2021/00255324 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings: Civil and Administrative Tribunal Act 2013 (NSW), s 65.