SMG [2024] NSWCATGD 9

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: SMG [2024] NSWCATGD 9 Hearing dates: 21 May 2024 Date of orders: 21 May 2024 Decision date: 21 May 2024 Jurisdiction: Guardianship Division Before: A Britton, Deputy President Dr M J Corr, Senior Member (Professional) S Bullock, General Member (Community) Decision: 1. A guardianship order is made for SMG. 2. The Public Guardian is appointed as the guardian. 3. This is a continuing guardianship order for a period of 12 months from 21 May 2024. 4. This is a limited guardianship order giving the guardian(s) custody of SMG to the extent necessary to carry out the functions below. FUNCTIONS: 5. The guardian has the following functions: a) Accommodation To decide where SMG may reside. b) Health care To decide what health care SMG may receive. c) Medical/Dental consent To make substitute decisions about proposed minor or major medical or dental treatment, where SMG is not capable of giving a valid consent. d) Services To make decisions about services to be provided to SMG. e) Restrictive Practices To give or withhold consent as to whether the following restrictive practices should be used to influence SMG's behaviour: 1. Chemical restraint 2. Environmental restraint 3. Mechanical restraint 4. Physical restraint 5. Seclusion CONDITIONS: 6. The conditions of this order are: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring SMG to an understanding of the issues and to obtain and consider their views before making significant decisions. b) Aged Care Restrictive Practices Condition The guardian(s) may only consent to the use of the types of restrictive practices permitted under this order to influence SMG's behaviour: (i) as a last resort to prevent SMG harming themself or others; and (ii) where the restrictive practice is used in the least restrictive form, and for the shortest time necessary to prevent harm to SMG or other persons; (iii) after consideration of the likely impact of the use of the restrictive practice on SMG; and (iv) in accordance with a behaviour support plan devised in accordance with the Quality of Care Principles 2014 (Cth), after consultation with a health practitioner with expertise relevant to SMG's behaviours of concern and which is reviewed regularly and as soon as practicable after any change in SMG's circumstances. Catchwords: GUARDIANSHIP – application for a guardianship order – whether a guardianship order should be made – subject person diagnosed with schizophrenia and Korsakoff's dementia – subject person lives in an aged care facility – consent requirements for the use of a restrictive practice – Aged Care Act 1997 (Cth) – need for decisions to be made in relation to accommodation, services, health care and consent to medical and dental treatment – need for a restrictive practice function – no private person suitable to be appointed – Public Guardian appointed – order made Legislation Cited: Aged Care Act 1997 (Cth), s 54-9(1) Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14(1)-(2), 18(1)(a), 18(1A) Cases Cited: None cited. Texts Cited: None cited. Category: Principal judgment Parties: 006: Guardianship Application