SZO [2021] NSWCATGD 17

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: SZO [2021] NSWCATGD 17 Hearing dates: 5 September 2021 Date of orders: 5 September 2021 Decision date: 05 September 2021 Jurisdiction: Guardianship Division Before: J Conley, Senior Member (Legal) Dr A Baird, Senior Member (Professional) Dr J M Green, General Member (Community) Decision: 1. A guardianship order is made for SZO. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of eight weeks from 5 September 2021. 4. This is a limited guardianship order giving the guardian custody of SZO to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where SZO may reside including for the purposes of hospitalisation. b) The guardian may authorise others including members of NSW Police and the Ambulance Service of NSW to: i) take SZO 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 SZO may receive. d) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where SZO is not capable of giving a valid consent. e) Services To make decisions about services to be provided to SZO. f) Restrictive Practices To give or withhold consent as to whether the following restrictive practices should be used to influence SZO's behaviour: 1. Chemical restraint AUTHORITY: 6. The guardian has the following authority: a) Authority to override objections to medical treatment i) The guardian may override the objection of SZO 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 SZO 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 SZO's behaviour: (i) as a last resort; and (ii) in accordance with a care and support plan that incorporates the behaviours that are being addressed and non-pharmacological strategies in place to address the behaviour. Catchwords: GUARDIANSHIP – after hours hearing – urgent hearing requested as subject person trying to leave hospital against medical advice – cognitive impairment associated with Wernicke's encephalopathy – whether limited notice of hearing to subject person breached procedural fairness – risk outweighed limited notice – eight week reviewable guardianship order made. Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 10, 10(2), 14, 14(2) Cases Cited: IF v IG [2004] NSWADTAP 3 Texts Cited: None cited. Category: Principal judgment Parties: 001: Guardianship Application