MMW [2014] NSWCATGD 34

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MMW [2014] NSWCATGD 34 Hearing dates: 28 October 2014 Decision date: 28 October 2014 Jurisdiction: Guardianship Division Before: Tearle B, Senior Member (Legal) Thompson S, Senior Member (Professional) Cootes J, General Member (Community) Decision: Refused consent to special medical treatment. Catchwords: MEDICAL AND DENTAL CONSENT - application for consent to special medical treatment - hysterectomy with ovarian conservation - capacity to provide informed consent - refused consent. Legislation Cited: Guardianship Act 1987 (NSW) Category: Principal judgment Parties: Miss MMW (subject person) Ms SWA (applicant) File Number(s): 56959 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).

reasons for decision

Application details 1This was an application by Ms SWA, Manager of the group home, for consent to special medical treatment for Miss MMW, under section 44 of the Guardianship Act 1987 (NSW) ('the Guardianship Act'). 2The proposed special medical treatment was hysterectomy with ovarian conservation.

What the Tribunal decided 3The Tribunal refused to consent to the special medical treatment for Miss MMW as proposed in the application by Ms SWA, because Miss MMW is capable of giving her own consent to the proposed special treatment.

The evidence and the Tribunal's reasoning