NXM [2014] NSWCATGD 52

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NXM [2014] NSWCATGD 52 Hearing dates: 14 February 2014 Date of orders: 04 March 2014 Decision date: 04 March 2014 Jurisdiction: Guardianship Division Before: R Booby, Senior Member (Legal) Dr B McPhee, Senior Member (Professional) F Hilson, General Member (Community) Decision: 1. The application for consent to special medical treatment made by Dr KGF in respect of Miss NXM is dismissed Catchwords: SPECIAL MEDICAL TREATMENT – application for consent to special medical treatment – hysterectomy with ovarian conservation – 18-year-old woman – section 45(2) of the Guardianship Act 1987 (NSW) – whether treatment necessary to save patient's life or prevent serious damage to patient's health – application dismissed Legislation Cited: Family Law Act 1975 (Cth) Children (Care and Protection) Act 1987 (NSW) Guardianship Act 1987 (NSW), pt 5; ss 32, 33(1), 33(1)(a), 33(1)(c), 33(2), 36(1)(b), 42, 44, 45(2) Cases Cited: Department of Health and Community Services v JWB &SMB (Marion's Case) [1992] HCA 15; 1992 175 CLR 218 JLS v JES (1996) 20 Fam LR 485 P & P (1994) 181 CLR 583 XTV [2012] NSWGT 5 Category: Principal judgment Parties: Miss NXM (subject person) Mrs MGM (mother and carer) Mr KPM (father and carer) Representation: Separate Representation: M Fallon (subject person) File Number(s): 55018 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)).