GKB [2020] NSWCATGD 99

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GKB [2020] NSWCATGD 99 Hearing dates: 13 May 2020 Date of orders: 13 May 2020 Decision date: 13 May 2020 Jurisdiction: Guardianship Division Before: C P Fougere, Principal Member Dr B McPhee, Senior Member (Professional) D R Sword, General Member (Community) Decision: The application seeking consent for special medical treatment for GKB is dismissed after hearing because we were not satisfied that GKB is incapable of giving consent to the carrying out of the treatment. Catchwords: CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – 18-year-old woman with Fragile X syndrome – termination of pregnancy – application of Part 5 of the Guardianship Act 1987 (NSW) – whether the patient is incapable of giving consent – whether the patient is incapable of understanding the general nature and effect of the proposed treatment – presumption of capacity not rebutted – application dismissed Legislation Cited: Abortion Law Reform Act 2019 (NSW), s 5; Sch 1 Civil and Administrative Tribunal Rules 2014 (NSW), r 27 Guardianship Act 1987 (NSW), ss 33(2), 34, 34(1); Pt 5 Guardianship Regulations 2016 (NSW), reg 9 Cases Cited: Application of a Local Health District; Re a Patient Fay [2016] NSWSC 624 Guthrie v Spence [2009] NSWCA 369 Hunter and New England Area Health Service v A [2009] NSWSC 761 In re T (Adult: Refusal of Treatment) [1993] Fam 95 In Re C (Adult: Refusal of Treatment) [1994] 1 WLR 290 Re JS [2014] NSWSC 302 Re MB [1997] 2 FCR 514 SKX [2010] NSWGT 29 UMG [2015] NSWCATGD 54 Texts Cited: None cited. Category: Principal judgment Parties: 001: Consent to Special Medical Treatment