QYT [2021] NSWCATGD 8

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: QYT [2021] NSWCATGD 8 Hearing dates: 28 May 2021 Date of orders: 28 May 2021 Decision date: 28 May 2021 Jurisdiction: Guardianship Division Before: J Moir, Senior Member (Legal) Associate Professor C Willcox, Senior Member (Professional) L Porter, General Member (Community) Decision: 1. A guardianship order is made for QYT. 2. RZT of [Address removed for publication.] is appointed as the guardian. 3. OBC is appointed as the alternative guardian. 4. This is a continuing guardianship order for a period of 12 months from 28 May 2021. 5. This is a limited guardianship order giving the guardian custody of QYT to the extent necessary to carry out the functions below. FUNCTIONS: RZT 6. RZT has the following functions: a) Accommodation To decide where QYT may reside. b) Health care To decide what health care QYT may receive. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where QYT is not capable of giving a valid consent. d) Services To make decisions about services to be provided to QYT. e) Restrictive Practices To give or withhold consent as to whether the following restrictive practices should be used to influence QYT's behaviour: 1. Chemical restraint 2. Environmental restraint 3. Mechanical restraint CONDITIONS: 7. The conditions of this order are: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring QYT 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 QYT's behaviour: (i) as a last resort to prevent QYT 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 QYT, 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 – application for a guardianship order – whether a guardianship order should be made – consideration of what order should be made – use of restrictive practices – subject person an inpatient at a hospital - subject person not a participant in the NDIS – subject person not a resident or recipient of aged care services – subject person receives care via Lifetime Care and Support scheme operated by iCare (Insurance and Care NSW) – independent restrictive practices policy – use of chemical, environmental and mechanical restraints – appointment of guardians to reflect wishes expressed in enduring guardianship appointment. Legislation Cited: Aged Care Principles 2014 (Cth) Civil and Administrative Tribunal Act 2013 (NSW), s 36 Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 15(3), 17(1) Cases Cited: IF v IG [2004] NSWADTAP 3 Texts Cited: Nil Category: Principal judgment Parties: 001: Guardianship Application