QMI [2016] NSWCATGD 59

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: QMI [2016] NSWCATGD 59 Hearing dates: 19 July 2016 Date of orders: 19 July 2016 Decision date: 19 July 2016 Jurisdiction: Guardianship Division Before: S McCarthy, Senior Member (Legal) Dr B McPhee, Senior Member (Professional) P Davidson, General Member (Community) Decision: The Tribunal consents to the following special medical treatment being provided to Miss QMI: 1. Abdominal hysterectomy. 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 12 months from the date of this order. Catchwords: SPECIAL MEDICAL TREATMENT – Application for consent to special medical treatment – abdominal hysterectomy – 20-year-old woman – severe intellectual disability – whether the treatment is the most appropriate form of treatment to promote health and well-being – whether treatment is necessary to prevent serious damage to health – alternative treatment has failed, or is not likely to be effective or suitable – consent given Legislation Cited: Guardianship Act 1987 (NSW), Pt 5, ss 33, 33(2), 36(1)(b), 42(2) Category: Principal judgment Parties: Miss QMI (subject person) Mrs LMI (carer) Dr CYM (applicant) Representation: Separate Representation: T Jovanovic (subject person) File Number(s): 59822 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)).