QXB [2018] NSWCATGD 18

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: QXB [2018] NSWCATGD 18 Hearing dates: 6 April 2018 Date of orders: 06 April 2018 Decision date: 06 April 2018 Jurisdiction: Guardianship Division Before: R H Booby, Senior Member (Legal) Dr B McPhee, Senior Member (Professional) F N Given, General Member (Community) Decision: The application for consent to medical treatment is dismissed after hearing.

The application for a Guardianship Order is dismissed because Justice Health and Forensic Mental Health Network sought to withdraw the application and the Tribunal consented to the withdrawal Catchwords: GUARDIANSHIP – application for a guardianship order – standing to bring application – consideration of s 9(1)(d) of the Guardianship Act 1987 (NSW) – "genuine concern for the welfare of the person" – consideration of s 21 of the Interpretation Act 1987 (NSW) – standing of Justice Health and Forensic Mental Health Network to bring an application – procedure – procedural fairness and natural justice – notice of hearing as required by s 10 of Guardianship Act – hearing proceeded in absence of subject person – balance between procedural fairness and duty to protect the welfare and the interests of the subject person – reasonable opportunity to be heard – consideration of views of subject person with a disability – application withdrawn

CONSENT TO MEDICAL OR DENTAL TREATMENT – mandatory considerations in s 42(2) of the Guardianship Act – consent refused Legislation Cited: Guardianship Act 1987 (NSW), pt 5; ss 32, 44, 44(3) Guardianship and Administration Act 1990 (WA), s 109(1)(b) Health Services Act 1997 (NSW), s 11 Mental Health Act 2007 (NSW), 68 Mental Health (Forensic Provisions) Act 1990 (NSW), pt 5, s 40 High Court Rules 2016 (NZ), r 66(9) Cases Cited: Minister for Conservation McCully v Whangamata Marina Society Inc and Anor [2006] NZCA 209 (11 August 2006) MZT [2018] NSWCATGD 8 Onus v Alcoa Of Australia Ltd [1981] HCA 50; (1981) 149 CLR 27 Texts Cited: Nil Category: Principal judgment Parties: 009: Guardianship Application