JXN [2022] NSWCATGD 26

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: JXN [2022] NSWCATGD 26 Hearing dates: 25 February 2022 Date of orders: 25 February 2022 Decision date: 25 February 2022 Jurisdiction: Guardianship Division Before: C P Fougere, Principal Member Dr M J Wroth, Senior Member (Professional) R Royer, General Member (Community) Decision: The application seeking consent to medical treatment is dismissed after hearing. 1. A guardianship order is made for JXN. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of three months from 25 February 2022. 4. This is a limited guardianship order giving the guardian(s) custody of JXN to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Health care To decide what health care JXN may receive. b) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where JXN is not capable of giving a valid consent. c) Sexual Assault Assessment To make decisions on behalf of JXN in relation to any sexual assault assessment conducted involving them, including decisions about any physical examinations and the taking of any specimens or samples such as blood samples and about conducting any tests for the presence of blood, semen or other substances. d) Release of Sexual Assault Investigation Kit To make decisions on behalf of JXN in relation to the release to NSW Police or other appropriate authority of any Sexual Assault Investigation Kit concerning JXN, including any Forensic Protocol and any specimens, samples or test results relating to a sexual assault assessment. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring JXN to an understanding of the issues and to obtain and consider their views before making significant decisions. Catchwords: GUARDIANSHIP – application for a guardianship order – urgent application – subject person an in-patient at a public hospital – subject person experiencing a state of catatonia – need for decisions to be made in relation to a sexual assault assessment and the release of any sexual assault investigation kit – need for decisions to be made in relation to health care and consent to medical treatment – no private person available – Public Guardian appointed – order made Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 14, 14(2), 15(3) Cases Cited: P v NSW Trustee and Guardian [2015] NSWSC 579 Texts Cited: None cited. Category: Principal judgment Parties: 001: Consent to Medical or Dental Treatment