OZB [2021] NSWCATGD 40

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: OZB [2021] NSWCATGD 40 Hearing dates: 19 August 2021 Date of orders: 19 August 2021 Decision date: 19 August 2021 Jurisdiction: Guardianship Division Before: R H Booby, Senior Member (Legal) Dr B McPhee, Senior Member (Professional) S Johnston, General Member (Community) Decision: The Tribunal consents to the following special medical treatment being provided to OZB: total abdominal hysterectomy and bilateral salpingectomy and if required oophorectomy 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 six month(s) from the date of this order. Catchwords: CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – total abdominal hysterectomy and bilateral salpingectomy – oophorectomy – 32-year-old woman – intellectual disability – large abdominal mass – 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, 33(1)–(2), 36(1)(b), 42, 44, 45(2) Cases Cited: None cited. Texts Cited: None cited. Category: Principal judgment Parties: 003: Consent to Special Medical Treatment