NXM (No 2) [2014] NSWCATGD 53

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NXM (No 2) [2014] NSWCATGD 53 Hearing dates: 25 November 2014 Date of orders: 25 November 2014 Decision date: 25 November 2014 Jurisdiction: Guardianship Division Before: B Tearle, Senior Member (Legal) Dr S Stone, Senior Member (Professional) L Esdaile, General Member (Community) Decision: The Tribunal consents to the following special medical treatment being provided to Miss NXM: 1. Hysterectomy with preservation of ovaries under general anaesthetic. 2. Any necessary treatment that would normally be provided in association with or directly consequent upon the above treatment. This consent is effective for a period of 2 years from the date of this order. Catchwords: SPECIAL MEDICAL TREATMENT – application for consent to special medical treatment – hysterectomy with ovarian conservation – 19-year-old woman – whether treatment necessary to prevent serious damage to patient's health – alternative treatments contraindicated – consent given Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 45(1) Guardianship Act 1987 (NSW), ss 33(2), 44, 45 Children (Care and Protection) Act 1997 (NSW), s 20B(2A) Children and Young Persons (Care and Protection) Act 1998 (NSW), s 175 Cases Cited: JLS v JES [1996] NSWSC 217 Secretary, Department of Health and Community Services v. J.W.B. and S.M.B. (Marion's Case) (1992) 106 ALR 385 Category: Principal judgment Parties: Miss NXM (subject person) Dr DVB (applicant) Mr KPM (father, carer, and joined party) Mrs MGM (mother, carer, joined party) Representation: Separate Representation: B Sinclair (subject person)