NKI [2015] NSWCATGD 59

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NKI [2015] NSWCATGD 59 Hearing dates: 15 December 2015 Date of orders: 15 December 2015 Decision date: 15 December 2015 Jurisdiction: Guardianship Division Before: J Redfern, Principal Member Dr M Wroth, Senior Member (Professional) J Koussa, General Member (Community) Decision: The Tribunal consents to the following special medical treatment being provided to Miss NKI at the hospital: 1. Total or subtotal abdominal hysterectomy; and 2. Bilateral salpingectomy; and 3. Any of the following if clinically necessary: a) ovarian biopsy; b) ovarian cystectomy; c) unilateral or bilateral oophorectomy. 4. General anaesthesia for the above procedures. 5. 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 six months from the date of this order. Catchwords: SPECIAL MEDICAL TREATMENT – Application for consent to special medical treatment – abdominal hysterectomy and bilateral salpingectomy – 26-year-old woman – severe intellectual disability – alternative treatment has failed, or is not likely to be effective or suitable – whether the treatment is the most appropriate form of treatment to promote and maintain health and well-being – whether treatment is necessary to prevent serious damage to health – consent given Legislation Cited: Guardianship Act 1987 (NSW), ss 32, 33A, 33(1), 33(1)(a), 33(1)(b), 33(2), 33(2)(a), 33(2)(b), 34(1), 36(1)(a), 36(1)(b), 42(1), 42(2), 44, 44(1), 44(2), 44(2)(a), 44(2)(b), 44(2)(c), 45, 45(1), 45(2), 45(3), 45(3)(b), Pt 5 Guardianship Regulations 2010 (NSW), regs 9, 10 Category: Principal judgment Parties: Ms NKI (the person who was the subject of the application) Dr UDV (applicant) Representation: Separate Representation: N Danis (subject person) File Number(s): 60919 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)).