FZC [2018] NSWCATGD 51

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FZC [2018] NSWCATGD 51 Hearing dates: 21 February 2018 Date of orders: 21 February 2018 Decision date: 21 February 2018 Jurisdiction: Guardianship Division Before: R H Booby, Senior Member (Legal) Dr B McPhee, Senior Member (Professional) J Koussa, General Member (Community) Decision: The application for special medical treatment is dismissed after hearing. Catchwords: CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – endometrial ablation – patient has anaemia from heavy menstrual bleeding – patient not able to provide informed consent – intellectual disability – whether the treatment is the most appropriate form of treatment to promote health and well-being – whether treatment is necessary to save patient's life or prevent serious damage to health – application dismissed. 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: 001: Consent to Medical or Dental Treatment

FZC (the person) TAC (applicant, carer) Representation: Nil. File Number(s): NCAT 2017/00292290 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.

REASONS FOR DECISION Special Medical Consent Background 1. FZC is 19 years old and lives with her mother, TAC and her father, Mr Z, at northern Sydney in NSW. 2. On 27 September 2017 the Tribunal received an application from TAC seeking consent for endometrial ablation to be performed on FZC. 3. On 8 November 2017 the Tribunal adjourned the hearing on a part-heard basis to provide time for a series of blood tests to be conducted to indicate whether FZC's iron deficiency is likely to worsen such that it would be likely to cause serious damage to her health.