GNR [2022] QCAT 430
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Title
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GNR [2022] QCAT 430
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Date
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October 28, 2022
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Summary
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GNR was a 21 year old woman with Prader-Willi Syndrome, a genetic condition that had resulted in a severe intellectual disability. The delayed-onset of GNR’s menstrual cycle caused GNR extreme distress leading to anxiety, violence, and obsessive-compulsive behaviours: at [12]. Due to GNR’s complicated health needs, two gynaecologists agreed that surgical intervention would be the least invasive and safest option to cease menstruation: at [13]-[15]. This procedure, however, would cause infertility: at [15]. GNR expressed her views and wishes, with the aid of her representative from the Office of the Public Guardian, that she wanted to stop the bleeding through surgery, that she did not wish to have a child and, that if she did have a child, she would not be able to look after the child herself: at [18]. GNR’s parents, who were GNR’s guardians, were also in favour of the procedure: at [19].
The Tribunal acknowledged the General Principles outlined in chapter 2A of the Guardianship and Administration Act 2000 (Qld) provided that all adults have the right to the same human rights: at [3]. The Tribunal considered that the right to not be subjected to medical treatment without free, full and informed consent (section 17(c)) and the right to access health services without discrimination (section 37(1)) under the Human Rights Act 2019 (Qld) were relevant to the decision: at [6]. The Tribunal considered that the right to access health services without discrimination was enhanced by giving consent for the proposed procedure: at [6]. Indeed, the Tribunal appeared to consider that a refusal to permit the procedure due to the lack of consent arising from GNR’s incapacity would be discriminatory and infringe the right to health services: at [6].
The Tribunal accepted that giving consent to the proposed procedure would limit the right to not be subjected to medical treatment without free, full and informed consent (section 17(c)) under the Human Rights Act 2019 (Qld): at [6]. The Tribunal noted that this was an important right and that the procedure would have significant effects with the lifelong infertility: at [6]. This was weighed against the need and purpose for the procedure and the lack of less restrictive and reasonably available ways to achieve it: at [6]. The Tribunal concluded that it would be reasonable to limit the right not to be subjected to medical treatment without full, free and informed consent, as it could be demonstrably justified in a free and democratic society based on human dignity, equality and freedom under section 13 of the Human Rights Act 2019 (Qld): at [6].
