BYX [2020] NSWCATGD 47

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BYX [2020] NSWCATGD 47 Hearing dates: 23 June 2020 Date of orders: 23 June 2020 Decision date: 23 June 2020 Jurisdiction: Guardianship Division Before: J Moir, Senior Member (Legal) Dr M A Martin, Senior Member (Professional) Decision: The guardianship order for BYX made on 12 June 2019 has been reviewed. The order now is as follows: 1. The Public Guardian is appointed as the guardian. 2. This is a continuing guardianship order for a period of two years from 23 June 2020. 3. This is a limited guardianship order giving the guardian custody of BYX to the extent necessary to carry out the functions below. FUNCTIONS: 4. The guardian has the following functions: a) Accommodation To decide where BYX may reside. b) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where BYX is not capable of giving a valid consent. CONDITION: 5. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring BYX to an understanding of the issues and to obtain and consider his views before making significant decisions. Catchwords: GUARDIANSHIP – end-of-term review of a guardianship order – whether a further guardianship order should be made – subject person with an acquired brain injury – subject person prescribed major medications and has no person responsible – medications used to treat symptoms of brain injury – use of major medications not a restrictive practice - Quality of Care Principles 2014 (Cth) - National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 – Public Guardian appointed. Legislation Cited: Aged Care Act 1997 (Cth) Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 33(1)(a) National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 (Cth) Quality of Care Principles 2014 (Cth), ss 4, 15G Cases Cited: HZC [2019] NSWCATGD 8 IF v IG [2004] NSWADTAP 3 Texts Cited: Nil Category: Principal judgment Parties: 003: Review of Guardianship Order