NXU [2023] NSWCATGD 24

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NXU [2023] NSWCATGD 24 Hearing dates: 9 November 2023 Date of orders: 9 November 2023 Decision date: 09 November 2023 Jurisdiction: Guardianship Division Before: J Moir, Senior Member (Legal) Dr B McPhee, Senior Member (Professional) L Stewart, General Member (Community) Decision: The Tribunal consents to the following special medical treatment being provided to NXU: Hysterectomy – removal of uterus and cervix and bilateral fallopian tubes through a mid-line incision on the abdomen, under a 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 months from the date of this order. Catchwords: CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – hysterectomy – proposed treatment is special medical treatment – whether treatment is necessary to save patient's life or prevent serious damage to health – patient has complex medical conditions – risk to life if treatment not provided – patient not able to provide informed consent due to intellectual disability – no alternative treatments without significant side effects – proposed treatment is necessary to prevent serious damage to patient's health – treatment complies with National Health and Medical Research Council guidelines – consent given – effective for 12 months from date of order Legislation Cited: Guardianship Act 1987 (NSW), ss 32, 33, 42(2); Pt 5 Cases Cited: None cited. Texts Cited: None cited. Category: Principal judgment Parties: 002: Consent to Special Medical Treatment