FXB [2024] NSWCATGD 14

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FXB [2024] NSWCATGD 14 Hearing dates: 16 August 2024 Date of orders: 16 August 2024 Decision date: 16 August 2024 Jurisdiction: Guardianship Division Before: B L Adamovich, Senior Member (Legal) Dr B McPhee, Senior Member (Professional) K Laurence, General Member (Community) Decision: The application seeking consent for special medical treatment for FXB is dismissed after hearing because we were not satisfied that FXB is incapable of giving consent to the carrying out of the treatment. Catchwords: CONSENT TO MEDICAL TREATMENT – application for consent to special medical treatment – termination of pregnancy – patient with schizophrenia with a mood component and recurrent drug-induced psychosis – involuntary patient detained under the Mental Health Act 2007 (NSW) – 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 Guardianship Act 1987 (NSW), ss 33(2), 34(1); Pt 5 Guardianship Regulation 2016 (NSW), reg 9 Mental Health Act 2007 (NSW), ss 22, 72; Pt 3 Cases Cited: Hunter and New England Area Health Service v A [2009] NSWSC 761 Re JS [2014] NSWSC 302 Texts Cited: None cited. Category: Principal judgment Parties: 001: Consent to Special Medical Treatment