DZD [2020] NSWCATGD 58

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DZD [2020] NSWCATGD 58 Hearing dates: 7 August 2020 Date of orders: 7 August 2020 Decision date: 07 August 2020 Jurisdiction: Guardianship Division Before: B L Adamovich, Senior Member (Legal) Dr M A Martin, Senior Member (Professional) Decision: Request for consent to medical treatment: The application is dismissed because CBE has withdrawn the application and the Tribunal consents. Guardianship order: 1. A guardianship order is made for DZD. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of four months from 7 August 2020. 4. This is a limited guardianship order giving the guardian(s) custody of DZD to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where DZD may reside. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take DZD to a place approved by the guardian. ii) keep her at that place. iii) return her to that place should she leave it. c) Health care To decide what health care DZD may receive. d) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where DZD is not capable of giving a valid consent. e) Services To make decisions about services to be provided to DZD. f) Restrictive Practices To give or withhold consent as to whether the following restrictive practices should be used to influence DZD's behaviour: 1. Chemical restraint 2. Physical restraint AUTHORITIES: 6. The guardian has the following authority: a) Authority to override objections to medical treatment i) The guardian may override the objection of DZD to major or minor medical treatment. CONDITIONS: 7. The conditions of this order are: a) Standard Condition In exercising this role, the guardian shall take all reasonable steps to bring DZD to an understanding of the issues and to obtain and consider her 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 DZD's behaviour: (i) as a last resort to prevent DZD harming herself 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 DZD, 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 – decision to treat application for consent to medical and dental treatment as an application for a guardianship order – traumatic brain injury as a result of high-speed motor vehicle accident – Aboriginal subject person with no contact with family or friends - active refusal of medical treatment – need for decisions to be made about accommodation, health care and consent to medical and dental treatment – use of psychotropic medical to manage behaviour – chemical restraint – need for decisions to be made about the use of restrictive practices - Public Guardian appointed. Legislation Cited: COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (Cth), s 23 Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 15(3) Mental Health Act 2007 (NSW) Cases Cited: IF v IG [2004] NSWADTAP 3 Texts Cited: Nil Category: Principal judgment Parties: 003: Consent to Medical or Dental Treatment