CZX [2020] NSWCATGD 29

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CZX [2020] NSWCATGD 29 Hearing dates: 28 September 2020 Date of orders: 28 September 2020 Decision date: 28 September 2020 Jurisdiction: Guardianship Division Before: S G McCarthy, Senior Member (Legal) Dr I L Beale, Senior Member (Professional) E A Pickering, General Member (Community) Decision: 1. A guardianship order is made for CZX. 2. SZX of [address removed for publication] and TZX of [Address removed for publication.] are appointed jointly as the guardians. 3. This is a continuing guardianship order for a period of one year from 28 September 2020. 4. This is a limited guardianship order giving the guardian(s) custody of CZX to the extent necessary to carry out the functions below. FUNCTIONS: SZX and TZX 5. SZX and TZX have the following functions: a) Services To make decisions about services to be provided to CZX. b) Restrictive Practices To give or withhold consent as to whether the following restrictive practices should be used to influence CZX's behaviour: 1. Chemical restraint 2. Environmental restraint CONDITIONS: 6. The conditions of this order are: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring CZX to an understanding of the issues and to obtain and consider his views before making significant decisions. b) Restrictive Practices Condition The guardian(s) may only consent to the use of the types of restrictive practices permitted under this order to influence CZX's behaviour: (i) as a last resort to prevent CZX harming himself or others; and (ii) in accordance with a behaviour support plan which has been developed by a behaviour support practitioner after having conducted a functional behavioural assessment upon CZX, and which is reviewed regularly (and no less than every 12 months) and/or reviewed as soon as practicable if there is a change in circumstances which requires the plan to be amended. Financial Management The application for financial management is dismissed after hearing. Catchwords: GUARDIANSHIP – application for a guardianship order – standing – whether Life Without Barriers has standing to bring an application for a guardianship order - whether applicant has a "genuine concern" for the welfare of the subject person – standing established – whether a guardianship order should be made – need for decision making about services - need for decision making about the use of restrictive practices - chemical restraint – environmental restraint – private guardians jointly appointed – order made. FINANCIAL MANAGEMENT – application for a financial management order – standing whether Life Without Barriers has standing to bring an application for a Financial management order – whether applicant has a "genuine concern" for the welfare of the subject person – subject person incapable of managing their own affairs – informal decision making arrangements meeting subject person's needs – no need for an order – application dismissed. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 17(1), 33A Interpretation Act 1987 (NSW), s 21 Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep) CJ v AKJ [2015] NSWSC 498 EBI [2017] NSWCATGD 6 IF v IG [2004] NSWADTAP 3 McD v McD (1983) 3 NSWLR 81 NEJ [2017] NSWCATGD 1 P v NSW Trustee and Guardian [2015] NSWSC 579 Re B [2011] NSWSC 1075 Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106 Texts Cited: Nil Category: Principal judgment Parties: 008: Guardianship Application