JZK [2020] NSWCATGD 42

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: JZK [2020] NSWCATGD 42 Hearing dates: 24 April 2020 Date of orders: 24 April 2020 Decision date: 24 April 2020 Jurisdiction: Guardianship Division Before: S Roushan, Senior Member (Legal) L Houlahan, Senior Member (Professional) J Koussa, General Member (Community) Decision: 1. A guardianship order is made for JZK. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 24 April 2020. 4. This is a limited guardianship order giving the guardian(s) custody of JZK to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where JZK may reside. b) Health care To decide what health care JZK may receive. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where JZK is not capable of giving a valid consent. d) Services To make decisions about services to be provided to JZK. e) Other Function a) To make decisions as to JZK's accommodation, freedom of movement, and access to the community to protect and promote JZK's health, welfare and interests specifically as a result of the COVID-19 pandemic; and b) To ensure that JZK complies with any decision made by the guardian under this function, the guardian may authorise others, including members of NSW Police and the Ambulance Service of NSW, or their delegates, to do any of the following: (i) return JZK to a place approved by the guardian should they leave it. c) This function of guardianship can only be exercised by the guardian: (i) as a last resort; (ii) whilst a Public Health order is in force under s 7 of the Public Health Act 2010 (NSW) in relation to COVID-19 which places restrictions on JZK's freedom of movement (such as, but not limited to, Public Health (COVID-19 Restrictions on Gathering and Movement) Order 2020 (NSW) made on 30 March 2020); and (iii) to ensure that JZK complies with such Public Health order. CONDITION: 6. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring JZK to an understanding of the issues and to obtain and consider their views before making significant decisions. Catchwords: GUARDIANSHIP – application for a guardianship order – COVID-19 pandemic – subject person with cognitive deficits due to traumatic brain injury – subject person not complying with self-isolation requirements – subject person at risk of self-harm and homelessness - whether a guardianship order should be made – subject person supports the making of a guardianship order – need for decisions to be made about NDIS planning and services – COVID-19 function – need for medical treatment decisions to be made – accommodation function with power to authorise others – Public Guardian appointed – order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14,14(2), 15(3) Public Health Act 2010 (NSW), s 7 Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep) GZK [2020] NSWCATGD 5 IF v IG [2004] NSWADTAP 3 Re B (No. 1) [2011] NSWSC 1075 Category: Principal judgment Parties: 001: Guardianship Application