NZT [2020] NSWCATGD 21

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NZT [2020] NSWCATGD 21 Hearing dates: 29 January 2020 Date of orders: 29 January 2020 Decision date: 29 January 2020 Jurisdiction: Guardianship Division Before: C P Fougere, Principal Member Dr G Jamieson, Senior Member (Professional) Emeritus Professor P J Foreman AM, General Member (Community) Decision: 1. A guardianship order is made for NZT. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of six months from 29 January 2020. 4. This is a limited guardianship order giving the guardian(s) custody of NZT to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where NZT may reside. b) Health care To decide what health care NZT may receive. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where NZT is not capable of giving a valid consent. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring NZT to an understanding of the issues and to obtain and consider their views before making significant decisions Catchwords: GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – subject person unable to provide consent – major medication being administered without consent – whether administration of major medication constitutes medical treatment – whether chemical restraint being used – need for medical review – need for accommodation decisions to be made – Public Guardian appointed – order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2) Cases Cited: IF v IG [2004] NSWADTAP 3 P v NSW Trustee and Guardian [2015] NSWSC 579 Texts Cited: Nil Category: Principal judgment Parties: 005: Guardianship Application