QKQ [2022] NSWCATGD 11

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: QKQ [2022] NSWCATGD 11 Hearing dates: 3 March 2022 Date of orders: 3 March 2022 Decision date: 03 March 2022 Jurisdiction: Guardianship Division Before: R H Booby, Senior Member (Legal) Dr B McPhee, Senior Member (Professional) F N Given, General Member (Community) Decision: The Tribunal consents to the following special medical treatment being provided to QKQ: Androcur (Cyproterone Acetate) up to 400 mg daily 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 month(s) from the date of this order. Public Guardian, the appointed guardian for QKQ, is given the authority to consent to continuation of Androcur (Cyproterone Acetate) up to 400 mg daily. The guardianship order for QKQ made on 27 March 2019 has been reviewed. The order now is as follows: 1. The Public Guardian is appointed as the guardian. 2. This is a continuing guardianship order for a period of three years from 3 March 2022. 3. This is a limited guardianship order giving the guardian(s) custody of QKQ to the extent necessary to carry out the functions below. FUNCTIONS: 4. The guardian has the following functions: a) Accommodation To decide where QKQ may reside. b) Health care To decide what health care QKQ may receive. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where QKQ is not capable of giving a valid consent. d) Services To make decisions about services to be provided to QKQ. e) Restrictive Practices To give or withhold consent as to whether the following restrictive practices should be used to influence QKQ's behaviour: 1. Chemical restraint; 2. Environmental restraint. AUTHORITY 5. The guardian has the following authority: a) Authority to consent to continuation of special treatment i) The guardian may consent to the continuation of the special treatment which the Tribunal consented to on 3 March 2022. That special treatment is: Administration of Androcur (Cyproterone Acetate) up to 400 mg per day CONDITIONS: 6. The conditions of this order are: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring QKQ to an understanding of the issues and to obtain and consider his views before making significant decisions. b) Restrictive Practices Condition The guardian(s) may only consent to the use of the types of restrictive practices permitted under this order to influence QKQ's behaviour: (i) as a last resort to prevent QKQ harming himself or others; and (ii) in accordance with a behaviour support plan which has been developed by a behaviour support practitioner after having conducted a functional behavioural assessment upon QKQ, and which is reviewed regularly (and no less than every 12 months) and/or reviewed as soon as practicable if there is a change in circumstances which requires the plan to be amended. Catchwords: CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – sexually inappropriate behaviour – involvement in the criminal justice system for sexual offences – anti-androgen medication to modify behaviour – Androcur (Cyproterone Acetate) – subject person not able to provide informed consent – whether the treatment is the most appropriate form of treatment to promote health and well-being – consent given for a limited period of three months. GUARDIANSHIP – end-of-term review of a guardianship order – whether a further guardianship order should be made – subject person with an intellectual disability – need for decisions in relation to accommodation, services, health care, and medical and dental treatment – restrictive practices – chemical restraint – environmental restraint – authority to consent to continuation of special medical treatment – administration of Androcur – Public Guardian reappointed – order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 33(2), 42; Pt 5 Guardianship Regulations 2016 (NSW), cl 14(b) Cases Cited: IF v IG [2004] NSWADTAP 3 P v NSW Trustee and Guardian [2015] NSWSC 579 Texts Cited: None cited. Category: Principal judgment Parties: 031: Review of Guardianship Order QKQ (the person) Public Guardian (appointed guardian)