DXI [2016] NSWCATGD 4

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DXI [2016] NSWCATGD 4 Hearing dates: 11 May 2016 Date of orders: 12 May 2016 Decision date: 24 June 2016 Jurisdiction: Guardianship Division Before: B Tearle, Senior Member (Legal) B McPhee, Senior Member (Professional) M Williams, General Member (Community) Decision: Application for consent to special medical treatment dismissed.

Tribunal not satisfied that Miss DXI was incapable of understanding the general nature and the effect of the proposed treatment. Catchwords: SPECIAL MEDICAL TREATMENT – application for consent to special medical treatment – termination of pregnancy – whether the person is incapable of giving consent to the proposed special treatment – section 34(1)(b) of the Guardianship Act 1987 (NSW) – presumption of capacity – evidence of incapacity required – Tribunal's jurisdiction not engaged – application dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), Schedule 6, clause 5 Guardianship Act 1987 (NSW), Part 5; ss 4, 32, 33(1), 33(2), 33(2)(a), 34(1), 34(1)(b), 37, 44, 45(1) and (2) Cases Cited: C v Guardianship and Administration Board [2002] TASSC 29 Hunter and New England Area Health Service v A [2009] NSWSC 761 Re JS [2014] NSWSC 302 Category: Principal judgment Parties: Miss DXI (subject person) Dr SDP (applicant) Ms NBI (party joined by the Tribunal) Representation: Separate Representative: S Sutherland File Number(s): 62532 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)).