TKN [2019] NSWCATGD 39

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: TKN [2019] NSWCATGD 39 Hearing dates: 23 July 2019 Date of orders: 23 July 2019 Decision date: 23 July 2019 Jurisdiction: Guardianship Division Before: J Moir, Senior Member (Legal) Dr S L Thompson, Senior Member (Professional) T Grassi, General Member (Community) Decision: The application for consent to special medical treatment is dismissed after hearing. Catchwords: CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – abdominal hysterectomy – definition of "special medical treatment" under section 33 of the Guardianship Act – evidence that the proposed treatment will not cause permanent infertility as the patient is already permanently infertile – proposed treatment is not special medical treatment – person responsible able to provide consent to major medical treatment – no need for the Tribunal to provide consent – application dismissed. Legislation Cited: Guardianship Act 1987 (NSW), ss 33, 42(2); Pt 5 Cases Cited: None cited. Texts Cited: None cited. Category: Principal judgment Parties: 002: Consent to Special Medical Treatment

TKN (the person) EQD (applicant) Representation: A Dalupines, separate representative for TKN File Number(s): NCAT 2019/00108495 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.