KQL [2023] NSWCATGD 15

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KQL [2023] NSWCATGD 15 Hearing dates: 4 September 2023 Date of orders: 4 September 2023 Decision date: 04 September 2023 Jurisdiction: Guardianship Division Before: C P Fougere, Principal Member Decision: The guardianship order for KQL made on 24 March 2023 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 three years from 24 March 2023. 3. This is a limited guardianship order giving the guardian(s) custody of KQL to the extent necessary to carry out the functions below. FUNCTIONS: 4. The guardian has the following functions: a) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where KQL is not capable of giving a valid consent. b) Services To make decisions about services to be provided to KQL. c) Restrictive Practices To give or withhold consent as to whether the following restrictive practices should be used to influence KQL's behaviour: 1. Environmental restraint 2. Mechanical 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 KQL to an understanding of the issues and to obtain and consider their views before making significant decisions. b) NDIS Restrictive Practices Condition The guardian(s) may only consent to the use of the types of restrictive practices permitted under this order to influence KQL's behaviour: (i) as a last resort to prevent KQL 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 KQL, 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 – application to vary a guardianship order – restrictive practices – subject person is a participant in the NDIS – proposed use of mechanical restraint – use of a seatbelt buckle cover when travelling in a motor vehicle – National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 – finding that the proposed use of the mechanical restraint is for the primary purpose of influencing the subject person's behaviour – need for mechanical restraint to be added to restrictive practices function – order varied Legislation Cited: Guardianship Act 1987 (NSW), ss 4, 25(2)(a), 25C(1) National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 (Cth) Cases Cited: None cited. Texts Cited: None cited. Category: Principal judgment Parties: 021: Requested Review of Guardianship Order