NLD [2022] NSWCATGD 13

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NLD [2022] NSWCATGD 13 Hearing dates: 29 April 2022 Date of orders: 29 April 2022 Decision date: 29 April 2022 Jurisdiction: Guardianship Division Before: R H Booby, Senior Member (Legal) Dr B McPhee, Senior Member (Professional) K Laurence, General Member (Community) Decision: The Tribunal consents to the following special medical treatment being provided to NLD: total hysterectomy and bilateral salpingectomy under general anaesthetic 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 12 month(s) from the date of this order. Catchwords: CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – total hysterectomy and bilateral salpingectomy – 48-year-old woman – intellectual disability – patient not able to understand the general nature and effects of the treatment – patient not able to provide informed consent – procedure will result in permanent infertility – whether treatment is the most appropriate form to promote health and well-being – whether proposed treatment is necessary to save patient's life or prevent serious damage to health – consent given. Legislation Cited: Guardianship Act 1987 (NSW), ss 33(1)-(2), 36(1)(b), 42, 44, 45(2) Cases Cited: None cited. Texts Cited: None cited. Category: Principal judgment Parties: 002: Consent to Special Medical Treatment

NLD (the person) SBT (applicant) HZD (carer) Representation: Nil. File Number(s): NCAT 2021/00104099 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.