LWN [2018] NSWCATGD 26

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: LWN [2018] NSWCATGD 26 Hearing dates: 24 September 2018 Date of orders: 24 September 2018 Decision date: 24 September 2018 Jurisdiction: Guardianship Division Before: R H Booby, Senior Member (Legal) Dr B McPhee, Senior Member (Professional) L Porter, General Member (Community) Decision: The application for the Tribunal to consent to medical treatment, namely administration of Cyproterone acetate is dismissed after hearing. Catchwords: GUARDIANSHIP – presumption of capacity

CONSENT TO MEDICAL OR DENTAL TREATMENT – subject person capable of consenting to treatment – application dismissed Legislation Cited: Guardianship Act 1987 (NSW), Pt 5, ss 33(2), 34, 45 Guardianship Regulations 2016 (NSW), Cl 14(b) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: 006: Consent to Medical or Dental Treatment

LWN (the person) Dr KZL (applicant) Representation: Nil File Number(s): NCAT 2014/00383513 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

Background 1. Mr LWN is 52 years old and lives in regional NSW in accommodation managed by a disability service provider. Mr LWN is supported by the Community Justice Program. 2. On 15 August 2016, the Tribunal made a guardianship order for 12 months appointing the Public Guardian to make decisions for Mr LWN about his accommodation, services, health care and medical and dental treatment. 3. On 7 August 2017, the Tribunal reviewed the order and made an order for two years appointing the Public Guardian to make decisions for Mr LWN about his accommodation, services, health care and medical and dental treatment. 4. On 25 July 2018, the Tribunal received an application seeking the Tribunal's consent to Mr LWN being treated with Cyproterone Acetate (Androcur). The applicant was Dr KZL who is a psychiatrist who is treating Mr LWN. 5. On 24 August 2018, the Tribunal convened to consider the application for medical treatment. On that occasion the Tribunal adjourned consideration of the application because Dr KZL was not available for the hearing. 6. The hearing conducted on 24 September 2018 was the hearing adjourned from 24 August 2018.