QMN [2022] NSWCATGD 24

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: QMN [2022] NSWCATGD 24 Hearing dates: 24 August 2022 Date of orders: 24 August 2022 Decision date: 24 August 2022 Jurisdiction: Guardianship Division Before: R H Booby, Senior Member (Legal) Dr B McPhee, Senior Member (Professional) J L Newman, General Member (Community) Decision: The Tribunal consents to the following special medical treatment being provided to QMN: Total laparoscopic hysterectomy and if necessary abdominal hysterectomy 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. KAN is joined as a party as the Carer of QMN. Catchwords: CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – total laparoscopic hysterectomy and if necessary abdominal hysterectomy under general anaesthetic –20-year-old woman with Rett syndrome – patient not able to understand the 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 4, 33(1)-(2), 36(1)(b), 42, 44, 45(2) Cases Cited: None cited. Texts Cited: None cited. Category: Principal judgment Parties: 005: Consent to Special Medical Treatment