BKC [2016] NSWCATGD 71

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BKC [2016] NSWCATGD 71 Hearing dates: 15 April 2016 Date of orders: 15 April 2016 Decision date: 15 April 2016 Jurisdiction: Guardianship Division Before: J Moir, Senior Member (Legal) Dr B McPhee, Senior Member (Professional) K Laurence, General Member (Community) Decision: The application for consent to special medical treatment made by Mr KAQ in respect of Mr BKC is refused and therefore dismissed. Catchwords: SPECIAL MEDICAL TREATMENT – Application for consent to special medical treatment – Androcur (cyproterone acetate) – 52-year-old man – intellectual disability and paedophilic tendencies – capacity to consent – consent refused Legislation Cited: Guardianship Act 1987 (NSW), ss 33, 33(2), 42(2), 44(2); Pt 5 Guardianship Regulation 2010 (NSW), reg 10 Cases Cited: Re MB (Medical Treatment) [1997] EWCA Civ 1361; (1997) 2 FCR (UK) 541 Category: Principal judgment Parties: Mr BKC (subject person) Mr KAQ (applicant) The NSW Public Guardian File Number(s): 52127 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

SPECIAL MEDICAL CONSENT

What the Tribunal Decided 1. The Tribunal refused to consent to the special medical treatment for Mr BKC as proposed in the application by Mr QPL (substitute applicant), on the basis that Mr BKC is capable of providing consent on his own behalf.