DZN [2021] NSWCATGD 10

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DZN [2021] NSWCATGD 10 Hearing dates: 17 March 2021 Date of orders: 17 March 2021 Decision date: 17 March 2021 Jurisdiction: Guardianship Division Before: J Claridge, Senior Member (Legal) L Porter, General Member (Community) Decision: The guardianship order for DZN made on 5 March 2019 has been reviewed. The order now is as follows: 1. BKP of [Address removed for publication.] is appointed as the guardian. 2. This is a continuing guardianship order for a period of 12 months from 17 March 2021. 3. This order will not be reviewed at the end of the above period. 4. This is a limited guardianship order giving the guardian(s) custody of DZN to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where DZN may reside. b) Health care To decide what health care DZN may receive. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where DZN is not capable of giving a valid consent. d) Services To make decisions about services to be provided to DZN. e) Restrictive Practices To give or withhold consent as to whether the following restrictive practices should be used to influence DZN's behaviour: 1. Chemical restraint f) Other Function To make decisions concerning video surveillance inside DZN's residence. CONDITIONS: 6. The conditions of this order are: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring DZN 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 DZN's behaviour: (i) as a last resort to prevent DZN harming themself 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 DZN, 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 – use of video camera surveillance monitoring subject person's eating area and bed – whether use of surveillance constitutes a restrictive practice - subject person at risk of falls – chemical restraint – guardian required to consent to use of surveillance – private guardian appointed. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14(1)-(2), 15(3) National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 (Cth), r 6 Surveillance Devices Act 2007 (NSW), ss 8, 12 Cases Cited: P v NSW Trustee and Guardian [2015] NSWSC 579 Texts Cited: Nil Category: Principal judgment Parties: 009: Review of Guardianship Order