FXU [2019] NSWCATGD 38

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FXU [2019] NSWCATGD 38 Hearing dates: 18 September 2019 Date of orders: 18 September 2019 Decision date: 18 September 2019 Jurisdiction: Guardianship Division Before: J Moir, Senior Member (Legal) Dr B McPhee, Senior Member (Professional) Dr M A Smith OAM, General Member (Community) Decision: The Tribunal consents to the following medical treatment being provided to FXU: removal under general anaesthetic of indwelling Portacath 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 days from the date of this order. Catchwords: CONSENT TO MEDICAL TREATMENT – patient a "detained person" under the Mental Health Act – inpatient at a public hospital – diagnosed with borderline personality disorder – proposed treatment to remove Portacath – patient not able to provide consent – patient heavily sedated while undergoing opioid withdrawal – person responsible not willing to consent to the proposed treatment – serious risk to the patient if treatment is not carried out – consent given. Legislation Cited: Guardianship Act 1987 (NSW)), ss 4, 33(2), 42(2), 44(2); Pt 5 Mental Health Act 2007 (NSW) Cases Cited: None cited. Texts Cited: None cited. Category: Principal judgment Parties: 002: Consent to Medical or Dental Treatment

FXU (the person) NZQ (applicant) Representation: Nil. File Number(s): NCAT 2016/00391680 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.