GMI [2020] NSWCATGD 6

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GMI [2020] NSWCATGD 6 Hearing dates: 23 April 2020 Date of orders: 23 April 2020 Decision date: 29 April 2020 Jurisdiction: Guardianship Division Before: M D Schyvens, Deputy President Dr M J Wroth, Senior Member (Professional) Decision: The Tribunal consents to the following medical treatment being provided to GMI:

Percutaneous tracheostomy under general anaesthetic and 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 seven (7) days from the date of this order. Catchwords: CONSENT TO MEDICAL TREATMENT – application for consent to major medical treatment – COVID-19 – pandemic – foreign national – subject person a crew member on Ruby Princess Cruise Ship – subject person in an induced coma and intubated – no person responsible available – subject person being treated for severe respiratory failure secondary to COVID-19 infection – real risk to life – proposed treatment percutaneous tracheostomy under general anaesthetic – proposed course of treatment preferred course of treatment – optimal means of removing ventilation – consent to treatment given. Legislation Cited: Guardianship Act 1987 (NSW), ss 33(1)(a), 33A, 33A(4)(b), 34(1), 42 of Pt 5, 42(2), 44(1), 44(2)(a)(i), 44(2)(a)(iii), 45(1) Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: 001: Consent to Medical or Dental Treatment

GMI (the person) Dr BNH (applicant) Representation: Nil File Number(s): 2020/00121254 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)).