BYC [2020] NSWCATGD 69

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BYC [2020] NSWCATGD 69 Hearing dates: 30 November 2020 Date of orders: 30 November 2020 Decision date: 30 November 2020 Jurisdiction: Guardianship Division Before: B L Adamovich, Senior Member (Legal) L Anthony, Senior Member (Professional) L Esdaile, General Member (Community) Decision: The guardianship order for BYC made on 23 September 2015 has been reviewed. The order now is as follows: 1. JZC of [Address removed for publication.] is appointed as the guardian. 2. This is a continuing guardianship order for a period of five years from 30 November 2020. 3. This is a limited guardianship order giving the guardian(s) custody of BYC to the extent necessary to carry out the functions below. FUNCTIONS: 4. The guardian has the following functions: a) Accommodation To decide where BYC may reside. b) Health care To decide what health care BYC may receive. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where BYC is not capable of giving a valid consent. d) Services To make decisions about services to be provided to BYC. e) Restrictive Practices To give or withhold consent as to whether the following restrictive practices should be used to influence BYC's behaviour: 1. Environmental 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 BYC 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 BYC's behaviour: (i) as a last resort to prevent BYC 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 BYC, 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 in supported independent living – whether mood stabiliser medication is chemical restraint – whether camera in lounge room is environmental restraint – surveillance did not limit freedom of movement – locked gate and restricted access to staff and food –environmental restraint – guardian enhanced quality of life 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 P v NSW Trustee and Guardian [2015] NSWSC 579 Texts Cited: Nil Category: Principal judgment Parties: 009: Review of Guardianship Order