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GI [2023] QCAT 122

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Date: 6 February 2023
Court/Tribunal: Queensland Civil and Administrative Tribunal
Judicial Officer/Tribunal Member: Senior Member Browne, Presiding; Member Dr Roylance
Human Rights Act 2019 (Qld) Sections: ss 15, 17, 19, 25, 48
Rights Considered: Right to recognition and equality before the law; Right to protection from torture and cruel, inhuman or degrading treatment; Freedom of movement; Right to privacy and reputation
Other Legislation: Guardianship and Administration Act 2000 (Qld) ss 5, 6, 11B, 68A, 70, 125
Keywords: Guardianship

This matter concerned a woman with an intellectual disability on behalf of whom consent was sought for a hysterectomy to mitigate an increased risk of cancer. In having regard to her right to recognition before the law, freedom of movement and privacy, and protection from inhuman or degrading treatment, the Tribunal found that limits were reasonable and justified in consenting to the hysterectomy.

This matter concerned applications for guardianship and administration, and for consent to a hysterectomy for a 35 year old woman with an intellectual disability in circumstances where an increased risk of cancer led to a recommendation for a hysterectomy and where she had expressed a desire to have a hysterectomy.

The Tribunal confirmed that the applicant’s limited capacity did not limit her human rights and freedom, which were to be recognised and considered: at [14]. In accordance with their requirement under section 48 of the Human Rights Act 2019 (Qld), the Tribunal considered relevant human rights including the applicant’s rights to equal recognition before the law (section 15), freedom of movement (section 19) and privacy (section 25) and protection from inhuman or degrading treatment (section 17): at [31]. The Tribunal was satisfied that the limits imposed by the orders were reasonable and justified in consenting for the application to undergo sterilisation, in the least restrictive manner based on the information before it: at [31].

Visit the judgment: GI [2023] QCAT 122