CN

[2012] QCAT 11

CITATION: CN [2012] QCAT 11

PARTIES: CN

APPLICATION NUMBER: GAA5514-11

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Ron Joachim, Member

DELIVERED ON: 23 January 2012

DELIVERED AT: Brisbane

ORDERS MADE: 1. The Tribunal appoints the Adult Guardian as separate representative for CN under s 125 of the Guardianship and Administration Act 2000 in relation to the application for consent to special health care sterilisation.

CATCHWORDS:

SPECIAL HEALTH CARE – STERILISATION – Where parents seek approval from Tribunal for sterilisation – where Tribunal appoints separate representative

Guardianship and Administration Act 2000, ss 70, 125

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

1. On 24 June 2011 the Tribunal received an application from Mr CJ and his wife Mrs CR, the parents of Ms CN seeking approval for special health care, namely sterilisation for Ms CN.

1. Ms CN is well known to the Tribunal, there having been applications in relation to her since 2008.

1. The most current decision of the Tribunal was made on 15 November 2011 in which the Tribunal reviewed the guardianship appointments.  In that decision, the Tribunal continued the appointment of the parents as guardians for decisions in relation to accommodation and services for a period of 12 months.  The Tribunal also continued the appointment of the Adult Guardian as guardian for health care and legal matters, not relating to her finances, financial or property matters, also for one year.

1. Since the application for special health care approval has been received the Tribunal has made directions in respect of the management of this application. These directions have been made in order for the Tribunal to obtain the necessary information required in order to make a decision about the sterilisation in accordance with the criteria outlined in s 70 of the Guardianship and Administration Act 2000.  This section outlines the various matters that the Tribunal must be satisfied of before it can consent to sterilisation.  One of these directions relates to the need to obtain an independent report from a specialist gynaecologist and obstetrician as to whether sterilisation is medically necessary, or is the only method of contraception that could reasonably be expected to be successfully applied in Ms CN’s circumstances. 

1. The view of the independent specialist has now been obtained and appears on the surface to conflict with the views of the specialist who will be engaged to perform the surgery if the Tribunal so consents. 

1. There are a range of other parties involved in the application.  The Advocacy and Support Centre or TASC in Toowoomba are assisting the applicant parents to prosecute the application. 

1. Since November 2011 the Queensland Aged and Disability Advocacy (QADA) have advised the Tribunal that they are providing advocacy support to Ms CN in respect of the application and have made a number of representations to the Tribunal in respect of the application and the arrangements for the appointment with the independent specialist. 

1. QADA have not sought leave to represent Ms CN at the hearing. Section 125 of the Guardianship and Administration Act 2000 provides that the presiding Member may appoint a representative to represent the adult’s views, wishes and interests in a proceeding before the Tribunal.  This can be done where the adult concerned in a proceeding is not represented.  In similar matters before the Tribunal and before the former Guardianship and Administration Tribunal it has been a common practice in respect of applications for special health care, for the Tribunal to appoint a representative.  This representative is able to represent the adult’s views and wishes as well represent the adult’s best interests which may not necessarily coincide with the adult’s views or wishes.

1. The Presiding Member in this matter considered that it would be in Ms CN’s interests to have a representative and accordingly the Adult Guardian was appointed.  The Adult Guardian is considered appropriate because he is already involved with Ms CN and has experience in the role as separate representative.  The Tribunal has appointed a representative because the sterilisation procedure is a very serious matter which may affect the life of Ms CN long term.

1. The Tribunal wishes to be in a position to have all available information before it before consenting or otherwise to the sterilisation.