KJN [2020] NSWCATGD 94

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KJN [2020] NSWCATGD 94 Hearing dates: 15 September 2020 Date of orders: 15 September 2020 Decision date: 15 September 2020 Jurisdiction: Guardianship Division Before: J Moir, Senior Member (Legal) M E Burke, Senior Member (Professional) Decision: The guardianship order for KJN made on 6 May 2019 has been reviewed. The order now is as follows: 1. QZT of [Address removed for publication.] is appointed as the guardian. 2. This is a continuing guardianship order for a period of three years from 6 May 2019. 3. This is a limited guardianship order giving the guardian custody of KJN to the extent necessary to carry out the functions below. FUNCTIONS: 4. The guardian has the following functions: a) Accommodation To decide where KJN may reside. b) Health care To decide what health care KJN may receive. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where KJN is not capable of giving a valid consent. d) Services To make decisions about services to be provided to KJN. e) Restrictive Practices To give or withhold consent as to whether the restrictive practice of mechanical restraint should be used to influence KJN's behaviour. CONDITIONS: 5. The conditions of this order are: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring KJN to an understanding of the issues and to obtain and consider her views before making significant decisions. b) Restrictive Practices Condition The guardian may only consent to the use of the types of restrictive practices permitted under this order to influence KJN's behaviour: (i) as a last resort to prevent KJN harming herself 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 KJN, and which is reviewed at least 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 – requested review of guardianship order – participant in the Lifetime Care and Support Scheme – restrictive practices function – mechanical restraint – use of seatbelt in wheelchair while in the community – attempts to stand up in wheelchair – risk of falling – scheme policy and NDIS rules – risk management strategy – order varied to promote welfare and interests of subject person Legislation Cited: Quality of Care Principles 2014 (Cth) Guardianship Act 1987 (NSW), ss 4, 14(2) Cases Cited: IF v IG [2004] NSWADTAP 3 Texts Cited: Nil Category: Principal judgment Parties: 005: Requested Review of Guardianship Order