TKQ [2021] NSWCATGD 23

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: TKQ [2021] NSWCATGD 23 Hearing dates: 21 December 2021 Date of orders: 21 December 2021 Decision date: 21 December 2021 Jurisdiction: Guardianship Division Before: J Moir, Senior Member (Legal) Decision: The Tribunal consents to the following medical treatment being provided to TKQ: a course of three vaccinations against SARS-COVID-19 virus 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 six months from the date of this order. Catchwords: GUARDIANSHIP – COVID-19 vaccination – consent to medical treatment – guardian appointed early in pandemic and prior to development of COVID-19 vaccination with authority to consent to medical treatment – guardian objects to administration of vaccination for son – consideration of reasons for guardian's objection and medical evidence in support of vaccination being administered – Tribunal consented to administration of vaccination – consideration of paramountcy of person's welfare and interests under s 4 Guardianship Act and object of Part 5 to ensure that a person is not deprived of necessary medical treatment because of lack of capacity to consent. Legislation Cited: Guardianship Act 1987 (NSW), ss 4, 32, 33, 33(2), 33A, 36(1)(a), 36(1)(b), 42(2), 44, 44(1)-(2), Pt 5 Guardianship Regulation 2016 (NSW), r 10(f), Pt 3 Cases Cited: None cited. Texts Cited: None cited. Category: Principal judgment Parties: 007: Consent to Medical or Dental Treatment