KZF [2020] NSWCATGD 61

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KZF [2020] NSWCATGD 61 Hearing dates: 9 November 2020 Date of orders: 9 November 2020 Decision date: 09 November 2020 Jurisdiction: Guardianship Division Before: B L Adamovich, Senior Member (Legal) W E Blaxland, Senior Member (Professional) J V Le Breton, General Member (Community) Decision: 1. A guardianship order is made for KZF. 2. LBG of [Address removed for publication.] is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 9 November 2020. 4. This is a limited guardianship order giving the guardian(s) custody of KZF to the extent necessary to carry out the functions below. FUNCTIONS: 5. 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 KZF's behaviour: 1. Chemical restraint b) Other Function To make decisions concerning video surveillance inside KZF's home. CONDITIONS: 6. The conditions of this order are: a) Standard Condition In exercising this role, the guardian shall take all reasonable steps to bring KZF 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 KZF's behaviour: (i) as a last resort to prevent KZF 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 KZF, 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. c) Other Condition Other Conditions: In making decisions concerning video surveillance in KZF's home, the guardian shall seek to ensure the protection of her privacy and dignity, and to ensure that any intrusions are reasonably necessary for the protection of herself (and/or other persons in her home) and proportionate to the risks being guarded against. Catchwords: GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made, and what order should be made – use of video camera in subject person's living/dining area – whether use of surveillance constitutes a restrictive practice – use of video footage for training new staff – use of camera to monitor subject person when in an aggressive state – privacy intrusion requiring consent of a guardian - use of use of chemical restraint –private guardian appointed – guardianship order conditions. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 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) HZC [2019] NSWCATGD 8 IF v IG [2004] NSWADTAP 3 P v D1 & Ors [2011] NSWSC 257 P v NSW Trustee and Guardian [2015] NSWSC 579 Re B [2011] NSWSC 1075 Texts Cited: Nil Category: Principal judgment Parties: 001: Guardianship Application