BYL [2020] NSWCATGD 51

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BYL [2020] NSWCATGD 51 Hearing dates: 1 July 2020 Date of orders: 1 July 2020 Decision date: 01 July 2020 Jurisdiction: Guardianship Division Before: R L Bailey, Senior Member (Legal) L Houlahan, Senior Member (Professional) L Porter, General Member (Community) Decision: 1. A guardianship order is made for BYL. 2. MZL of [Address removed for publication.] is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 1 July 2020. 4. This is a limited guardianship order giving the guardian(s) custody of BYL to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where BYL may reside. b) Health care To decide what health care BYL may receive. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where BYL is not capable of giving a valid consent. d) Services To make decisions about services to be provided to BYL. e) Restrictive Practices To give or withhold consent as to whether the following restrictive practices should be used to influence BYL's behaviour: 1. Chemical restraint 2. Environmental restraint 3. Mechanical 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 BYL 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 BYL's behaviour: (i) as a last resort to prevent BYL 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 BYL, 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. Catchwords: GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – need for accommodation decisions, health care and medical and dental consent decisions to be made – subject person prescribed major medications without consent – need for more expeditious access to NDIS and services – restrictive practices – use of chemical, environmental and mechanical restraint – suitability of private guardian – private guardian appointed – order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14(2), 15(3), 17(1) National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 (Cth), r 6 Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep) IF v IG [2004] NSWADTAP 3 P v D1 & Ors [2011] NSWSC 257 Re B [2011] NSWSC 1075 Texts Cited: Nil Category: Principal judgment Parties: 001: Guardianship Application