KXT [2022] NSWCATGD 6

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KXT [2022] NSWCATGD 6 Hearing dates: 5 July 2022 Date of orders: 5 July 2022 Decision date: 05 July 2022 Jurisdiction: Guardianship Division Before: E M Connor, Senior Member (Legal) Dr B McPhee, Senior Member (Professional) J Cootes AM, General Member (Community) Decision: The Tribunal consents to the following special medical treatment being provided to KXT: Bilateral salpingo-oophorectomy under general anaesthetic and any necessary treatment that would normally be provided in association with or directly consequent upon this treatment. This consent is effective for a period of two weeks from the date of this order. Catchwords: CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – bilateral salpingo-oophorectomy – 34 year old woman – ovarian teratoma – autoimmune encephalitis – after hours hearing – urgent hearing requested as patient is critically ill – patient is in a coma in an intensive care unit at a public hospital – patient incapable of giving consent to treatment – patient's family member supports treatment – whether treatment is necessary to save patient's life or prevent serious damage to health – removal of both ovaries will result in permanent infertility – risk of death if treatment is not provided – consent given. Legislation Cited: Guardianship Act 1987 (NSW), ss 4, 33(1)-(2), 34, 42(1)-(2), 44(1)-(2), 44(2)(a)(i)-(iii), 44(3), 45(1)-(2), Pt 5 Cases Cited: None cited. Texts Cited: None cited. Category: Principal judgment Parties: KXT (the subject person) EKB (the applicant) CZD (the spouse) Public Guardian File Number(s): NCAT 2022/00197212 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.