Application of Justice Health; re a Patient [2011] NSWSC 432

Supreme Court New South Wales

Medium Neutral Citation: Application of Justice Health; re a Patient [2011] NSWSC 432 Hearing dates: 30 March 2011 Decision date: 30 March 2011 Jurisdiction: Equity Division Before: Brereton J Decision: Declare that on its proper construction, (NSW) Crimes (Administration of Sentences) Act 1999, s72A, does not require the patient to be given cardiopulmonary resuscitation Catchwords: UNCONSCIOUS PATIENT - parens patriae jurisdiction - patient inmate at correctional centre - proposal to withhold aggressive therapy which has the effect of prolonging the patient's life - consent of patient to such treatment not required - distinguishable from cases where invasive treatment otherwise constituting an assault is proposed - application of (NSW) Crimes (Administration of Sentences) Act 1999 s72A - whether section precludes withholding of therapy having effect of prolonging patient's life - section deals with treatment necessary for preservation of health, not treatment relating solely to prolongation of life - held: s72A does not require treatment to merely prolong life. Legislation Cited: (NSW) Crimes (Administration of Sentences) Act 1999, s 2A, s72A Cases Cited: Health & Community Services (NT), Department v JWB & SMB (Marion's case) (1992) 175 CLR 218 Isaac Messiha (By His Tutor Magdy Messiha) v South East Health [2004] NSWSC 1061 Northbridge v Central Sydney Area Health Service [2000] 50 NSWLR 549 Category: Principal judgment Parties: Justice Health, NSW Dept of Health (applicant) Representation: Counsel: Mr SA Woods (applicant) Solicitors: Legal Branch, NSW Dept of Health (applicant) File Number(s): 2011/103450