SFB [2016] NSWCATGD 60

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: SFB [2016] NSWCATGD 60 Hearing dates: 25 July 2016 Date of orders: 25 July 2016 Decision date: 25 July 2016 Jurisdiction: Guardianship Division Before: A Beckett, 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 TYH in respect of Miss SFB is dismissed Catchwords: SPECIAL MEDICAL TREATMENT – application for consent to special medical treatment – 30-year-old woman – whether laparotomy myomectomy is considered special medical treatment under s 33 Guardianship Act 1987 (NSW) – application dismissed Legislation Cited: Guardianship Act 1987 (NSW), ss 33, 37 Category: Principal judgment Parties: Miss SFB (subject person) Dr TYH (applicant) Representation: Separate Representation: J Kwan (subject person) File Number(s): 62059 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)).

REASONS FOR DECISION

What the Tribunal Decided 1. The Tribunal dismissed the application.

Background 1. Miss SFB, 30 years old, lives with her parents in southwest Sydney. 2. On 10 March 2016, Dr CZU, obstetrics registrar at a public hospital, applied to the Tribunal for consent to special medical treatment of Miss SFB. 3. This hearing was convened to deal with that application. 4. Prior to the hearing, the following occurred: * The Tribunal recognised Dr HAN, obstetrician/gynaecologist and, later, Dr TYH, senior registrar at the public hospital, as the substitute applicant. * At a directions hearing on 12 May 2016, the Tribunal ordered that a separate representative be appointed for Miss SFB. * A hearing scheduled for 29 June 2016 was adjourned so that the hearing could be held at a venue closer to Miss SFB.