BGT [2021] NSWCATGD 9

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BGT [2021] NSWCATGD 9 Hearing dates: 1 April 2021 Date of orders: 1 April 2021 Decision date: 01 April 2021 Jurisdiction: Guardianship Division Before: J Toohey, Senior Member (Legal) Dr H Burnet, Senior Member (Professional) M A Oxenham, General Member (Community) Decision: 1. A guardianship order is made for BGT. 2. XZX of [Address removed for publication.] is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 1 April 2021. 4. This is a limited guardianship order giving the guardian custody of BGT 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 BGT's behaviour: 1. Environmental restraint b) Other Function To make decisions concerning use of a GPS sole tracker CONDITIONS: 6. The conditions of this order are: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring BGT 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 BGT's behaviour: (i) as a last resort to prevent BGT 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 BGT, 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 - whether a guardianship order should be made, and what order should be made – whether use of GPS sole tracker constitutes a restrictive practice – use of environmental restraint – subject person lacks safety awareness and has history of absconding in his wheelchair – use of locked door to prevent subject person exiting – private guardian appointed. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14(1)-(2), 17, 18(1) Mental Health Act 2007 (NSW) National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 (Cth) Surveillance Devices Act 2007 (NSW), s 9(1) Cases Cited: C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep) Re B [2011] NSWSC 1075 Texts Cited: Nil Category: Principal judgment Parties: 004: Guardianship Application