DZM [2020] NSWCATGD 66

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DZM [2020] NSWCATGD 66 Hearing dates: 21 July 2020 Date of orders: 21 July 2020 Decision date: 21 July 2020 Jurisdiction: Guardianship Division Before: J Moir, Senior Member (Legal) L Porter, General Member (Community) Decision: The guardianship order for DZM made on 2 July 2019 has been reviewed. The order now is as follows: 1. TAM of [Address removed for publication.] is appointed as the guardian. 2. BYM of [Address removed for publication.] is appointed as the alternative guardian. 3. This is a continuing guardianship order for a period of two years from 21 July 2020. 4. This is a limited guardianship order giving the guardian custody of DZM to the extent necessary to carry out the functions below. FUNCTIONS: TAM 5. TAM has the following function: a) Restrictive Practices To give or withhold consent as to whether the following restrictive practices should be used to influence DZM's behaviour: 1. Chemical restraint 2. Environmental restraint 3. Mechanical restraint 4. Seclusion CONDITIONS: 6. The conditions of this order are: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring DZM to an understanding of the issues and to obtain and consider his 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 DZM's behaviour: (i) as a last resort to prevent DZM 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 DZM, 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 – restrictive practices function – resident in supported independent living – physical aggression and absconding – use of locked exits, restricted access to staff, vehicle barriers and medication to control behaviour – whether restricted access to staff is a form of seclusion – chemical restraint – environmental restraint – mechanical restraint – order excludes areas where decisions can be made without the order – private guardian and alternative guardian appointed Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2) National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 (Cth), r 6 Cases Cited: HZC [2019] NSWCATGD 8 IF v IG [2004] NSWADTAP 3 Texts Cited: Nil Category: Principal judgment Parties: 002: Review of Guardianship Order