NSW Caselaw
CITATION: FI v Public Guardian [2008] NSWADT 263
DIVISION: General Division
APPLICANT FI PARTIES: RESPONDENT Public Guardian
FILE NUMBER: 083092
HEARING DATES: 2 September 2008
SUBMISSIONS CLOSED: 2 September 2008
DATE OF DECISION: 16 September 2008
BEFORE: O'Connor K - DCJ (President)
CATCHWORDS: Review of decision to refuse to make an advance care plan – extent of power of Public Guardian – whether plan can include provision for withdrawal of life-sustaining treatment – relevant considerations
MATTER FOR DECISION: Preliminary question: power of Public Guardian to make provision to withdraw life-sustaining treatment in advance care plans
LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Guardianship Act 1987
Airedale National Health Service Trust v Bland [1993] AC 789 Auckland Area Health Board v Attorney General [1993] 1 NZLR 235 Gardner; re BWV [2003] VSC 173 Hunter Area Health Service v Marchlewski (2000) 51 NSWLR 264 Re Miss AG, Guardianship Tribunal, 5 February 2007, unreported In Re C (Adult Refusal of Treatment) [1994] 1 WLR 290 CASES CITED: Messiha v South East Health [2004] NSWSC 1061 Northbridge v Central Sydney Area Health Service (2000) 50 NSWLR 549 Public Advocate v RCS (Guardianship) [2004] VCAT 1880 Re G [1997] 2 NZLR 201 Re Korp (Guardianship) [2005] VCAT 779 Secretary of Department of Health and Community Services v B (Marion's Case) (1992) 175 CLR 219 WK v Public Guardian (No 2) [2006] NSWADT 121
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