TZT [2020] NSWCATGD 67

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: TZT [2020] NSWCATGD 67 Hearing dates: 23 July 2020 Date of orders: 23 July 2020 Decision date: 23 July 2020 Jurisdiction: Guardianship Division Before: J Conley, Senior Member (Legal) Dr M A Martin, Senior Member (Professional) Decision: The guardianship order for TZT made on 11 July 2017 has been reviewed. The order now is as follows: 1. The Public Guardian is appointed as the guardian. 2. This is a continuing guardianship order for a period of 12 months from 23 July 2020. 3. This is a limited guardianship order giving the guardian(s) custody of TZT to the extent necessary to carry out the functions below. FUNCTIONS: 4. The guardian has the following functions: a) Health care To decide what health care TZT may receive. b) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where TZT is not capable of giving a valid consent. c) Services To make decisions about services to be provided to TZT. d) Restrictive Practices To give or withhold consent as to whether the following restrictive practices should be used to influence TZT's behaviour: 1. Chemical restraint CONDITIONS: 5. The conditions of this order are: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring TZT 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 TZT's behaviour: (i) as a last resort to prevent TZT 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 TZT, 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 –– subject person with intellectual disability – resident in group home – NDIS participant – complex health and major medications prescribed – history of aggression and self-injurious behaviours – use of chemical restraint in behaviour support plan – no person responsible or NDIS Plan Nominee Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14(2) Cases Cited: HZC [2019] NSWCATGD 8 IF v IG [2004] NSWADTAP 3 Texts Cited: Nil Category: Principal judgment Parties: 018: Review of Guardianship Order