MKF [2022] NSWCATGD 25

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MKF [2022] NSWCATGD 25 Hearing dates: 4 March 2022 Date of orders: 4 March 2022 Decision date: 04 March 2022 Jurisdiction: Guardianship Division Before: B L Adamovich, Senior Member (Legal) Dr A M Berry, Senior Member (Professional) L Porter, General Member (Community) Decision: The application for the appointment of a guardian is dismissed after hearing. Catchwords: GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – restrictive practices function – subject person diagnosed with severe autism spectrum disorder, epilepsy and intellectual disability – subject person is a participant in the NDIS – National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 – whether the use of a seatbelt buckle guard is a form of mechanical restraint – safety device – not for purpose of influencing the subject person's behaviour – no need for restrictive practices function – subject person with informal supports – no decisions that need to be made by a guardian – no order made - application dismissed 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: None cited. Category: Principal judgment Parties: 001: Guardianship Application