LZN [2021] NSWCATGD 12

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: LZN [2021] NSWCATGD 12 Hearing dates: 12 April 2021 Date of orders: 12 April 2021 Decision date: 12 April 2021 Jurisdiction: Guardianship Division Before: A D Suthers, Principal Member W E Blaxland, Senior Member (Professional) E A Pickering, General Member (Community) Decision: 1. A guardianship order is made for LZN. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 12 April 2021. 4. This is a limited guardianship order giving the guardian(s) custody of LZN to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Health care To decide what health care LZN may receive. b) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where LZN is not capable of giving a valid consent. c) Restrictive Practices To give or withhold consent as to whether the following restrictive practices should be used to influence LZN's behaviour: 1. Chemical restraint AUTHORITIES: 6. The guardian has the following authority: a) Authority to override objections to medical treatment i) The guardian may override the objection of LZN to major or minor medical treatment. CONDITIONS: 7. The conditions of this order are: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring LZN to an understanding of the issues and to obtain and consider her 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 LZN's behaviour: (i) as a last resort to prevent LZN harming herself or others; and (ii) in accordance with a care and services plan that incorporates: (a) the behaviours that are relevant to the need for the restraint; (b) reasons why the restraint is necessary; (c) the alternatives to restraint that have been used (if any); and (d) provision for review, including by an appropriate medical specialist. Catchwords: GUARDIANSHIP – COVID-19 vaccination – requirement for consent of guardian or person responsible – objection to vaccination – requirement for formal consent Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14(1)-(2), 15(3), 17, 33(1), 33A(4)-(5), 37(3), 46(4), Pt 5 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 JFL [2020] NSWCATGD 32 P v D1 & Ors [2011] NSWSC 257 Re B [2011] NSWSC 1075 W v G [2003] NSWSC 1170 Texts Cited: Nil Category: Principal judgment Parties: 006: Guardianship Application