OBD [2016] NSWCATGD 58

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: OBD [2016] NSWCATGD 58 Hearing dates: 15 March 2016 Date of orders: 11 May 2016 Decision date: 11 May 2016 Jurisdiction: Guardianship Division Before: R Booby, Senior Member (Legal) Dr S Thompson, Senior Member (Professional) L Manns, General Member (Community) Decision: 1. The application for consent to special medical treatment made by Dr DEJ in respect of Miss OBD is dismissed. Catchwords: SPECIAL MEDICAL TREATMENT – Application for consent to special medical treatment – endometrial ablation – 25-year-old woman – severe intellectual disability – whether the proposed treatment is "special medical treatment" – meaning of "permanently infertile" – whether the treatment is the most appropriate form of treatment to promote health and well-being – whether treatment is necessary to save patient's life or prevent serious damage to health – application dismissed Legislation Cited: Family Law Act 1975 (Cth) Children (Care and Protection) Act 1987 (NSW), s 20B Guardianship Act 1987 (NSW), Pt 5, ss 32, 33(1), 33(1)(a), 33(1)(b), 33(2), 36(1)(b), 42, 44, 45(2) Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41 BAH [2009] NSWGT 8 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 v P (1994) 181 CLR 583 PYR [2012] NSWGT 30 (23 November 2012) XTV [2012] NSWGT 5 (6 February 2012) Texts Cited: Black's Law Dictionary (10th ed 2014) The Macquarie Dictionary The Oxford English Dictionary (Oxford University Press, 2016) Senate Committee, Parliament of Australia, Report on Involuntary or coerced sterilisation of people with disabilities in Australia, (17 July 2013) The World Health Organisation, www.who.int/reproductivehealth/topics/infertility/definitions/en Category: Principal judgment Parties: Miss OBD (subject person) Dr DEJ (applicant) Representation: Separate Representation: J Gardner (subject person) File Number(s): 56563 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)).