Perry (a pseudonym) [2025] NSWCATGD 15 (Link to Caselaw).
Perry (aged 20) had been diagnosed with several conditions including an acquired brain injury and autism spectrum disorder. Since March 2023, Perry has been the subject of guardianship and financial management orders made by the NSW Civil and Administrative Tribunal.
Perry had been convicted of several sex-related offences including intentionally sexually touching a child between the age of 14 and 16 and inciting a child between the ages of 10 and 16 to sexually touch him: Crimes Act 1900 (NSW), s 66DB.
In an application to NCAT, Dr Frank requested the Tribunal to consent to administering cyproterone (registered name Androcur®), an antiandrogenic hormone medication which has several different uses. In males, these uses include to reduce the amount of male sex hormones produced by the body.
Any treatment that involves the use of androgen-reducing medication for the purpose of behavioural control is “special treatment”: Guardianship Act 1987 (NSW), par (c) of definition of special treatment in s 33(1); Guardianship Act, s 45(3)(b); Guardianship Regulation 2016 (NSW), cl 14(b).
The central question raised by the Application was whether Perry is “incapable of giving consent to the carrying out” of the proposed Treatment.
The Tribunal explained in its reasons that the answer to that question is no (he was capable, not incapable). Therefore, the Tribunal lacked power to consent to the proposed treatment on behalf of Perry and the Application was dismissed.
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