CXD [2020] NSWCATGD 71

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CXD [2020] NSWCATGD 71 Hearing dates: 12 August 2020 Date of orders: 12 August 2020 Decision date: 12 August 2020 Jurisdiction: Guardianship Division Before: B M Shipp, Senior Member (Legal) M A Oxenham, General Member (Community) Decision: The guardianship order for CXD made on 18 November 2019 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 12 August 2020. 3. This is a limited guardianship order giving the guardian(s) custody of CXD to the extent necessary to carry out the functions below. FUNCTIONS: 4. The guardian has the following functions: a) Accommodation To decide where CXD may reside. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take CXD to a place approved by the guardian. ii) keep him at that place. iii) return him to that place should he leave it. c) Health care To decide what health care CXD may receive. d) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where CXD is not capable of giving a valid consent. e) Services To make decisions about services to be provided to CXD. f) Restrictive Practices To give or withhold consent as to whether the following restrictive practices should be used to influence CXD's behaviour: 1. Chemical restraint 2. Environmental restraint 3. Seclusion CONDITIONS: 5. The conditions of this order are: a) Standard Condition In exercising this role, the guardian shall take all reasonable steps to bring CXD 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 CXD's behaviour: (i) as a last resort to prevent CXD 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 CXD, 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 – review of guardianship order – restrictive practices function – patient in mental health unit – community treatment order – paranoid and persecutory delusions – resistant to medication – use of psychotropic medications – daily room searches and monitoring – use of seclusion for safety reasons – chemical restraint – environmental restraint – no private guardian available Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2) Mental Health Act 2007 (NSW) National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 (Cth), r 6 National Disability Insurance Scheme Act 2013 (Cth), s 9 Cases Cited: IF v IG [2004] NSWADTAP 3 Texts Cited: Nil Category: Principal judgment Parties: Review of Guardianship Order