EZC [2020] NSWCATGD 60

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EZC [2020] NSWCATGD 60 Hearing dates: 1 May 2020 Date of orders: 1 May 2020 Decision date: 01 May 2020 Jurisdiction: Guardianship Division Before: R H Booby, Senior Member (Legal) Dr M J Wroth, Senior Member (Professional) L Stewart, General Member (Community) Decision: The guardianship order for EZC made on 28 February 2019 has been reviewed. The order now is as follows: 1. MBO of [Address removed for publication.] is appointed as the guardian. 2. This is a continuing guardianship order for a period of three years from 1 May 2020. 3. This is a limited guardianship order giving the guardian(s) custody of EZC to the extent necessary to carry out the functions below. FUNCTIONS: 4. The guardian has the following functions: a) Restrictive Practices To give or withhold consent as to whether the following restrictive practices should be used to influence EZC's behaviour: 1. Chemical restraint; 2. Environmental restraint. b) Other Function To make decisions about the use of a non-recording security camera for the health and safety of EZC CONDITIONS: 5. The conditions of this order are: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring EZC to an understanding of the issues and to obtain and consider their 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 EZC's behaviour: (i) as a last resort to prevent EZC 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 EZC, 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 – end-of-term review of guardianship order – whether a guardianship order should be made, and what order should be made – whether use of surveillance is a restrictive practice – use of video camera to monitor subject person in his bedroom – use of chemical restraint – use of environmental restraint – private guardian appointed. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 17(1) National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 (Cth), r 6 Cases Cited: IF v IG [2004] NSWADTAP 3 P v NSW Trustee and Guardian [2015] NSWSC 579 Texts Cited: Nil Category: Principal judgment Parties: 003: Review of Guardianship Order