DZP [2020] NSWCATGD 57

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DZP [2020] NSWCATGD 57 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 DZP made on 12 September 2019 has been reviewed. The order now is as follows: 1. BAO of [Address removed for publication.] is appointed as the guardian. 2. This is a continuing guardianship order for a period of three years from 23 June 2020. 3. This is a limited guardianship order giving the guardian custody of DZP to the extent necessary to carry out the functions below. FUNCTIONS: 4. The guardian has the following function: a) Restrictive Practices To give or withhold consent as to whether the following restrictive practices should be used to influence DZP's behaviour: 1. Chemical restraint 2. Environmental restraint 3. Mechanical restraint CONDITIONS: 5. The conditions of this order are: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring DZP to an understanding of the issues and to obtain and consider his views before making significant decisions. b) Restrictive Practices Condition The guardian may only consent to the use of the types of restrictive practices permitted under this order to influence DZP's behaviour: (i) as a last resort to prevent DZP 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 DZP, and which is reviewed at least 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 – end-of-term review of guardianship order – practicability of services being provided without the need for an order – restrictive practices – environmental restraint – chemical restraint – mechanical restraint – continuing need for a guardian to make decisions in relation to the use of restrictive practices – private guardian appointed – order made. Legislation Cited: 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), r 6 Cases Cited: HZC [2019] NSWCATGD 8 IF v IG [2004] NSWADTAP 3 Category: Principal judgment Parties: 002: Review of Guardianship Order