DZF [2018] NSWCATGD 30

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DZF [2018] NSWCATGD 30 Hearing dates: 21 November 2018 Date of orders: 28 November 2018 Decision date: 28 November 2018 Jurisdiction: Guardianship Division Before: V Massey, Senior Member (Legal) W Longley, Senior Member (Professional) J V Le Breton, General Member (Community) Decision: The guardianship application is dismissed after hearing. Catchwords: GUARDIANSHIP – application for a guardianship order – reason to make order – possibility for decisions to be made on an informal basis – functions of guardian – restrictive practices – definition and nature of restrictive practices – relationship between restrictive practices and NDIS – mechanical restraint – environmental restraint – whether practice is a restrictive practice – application dismissed

WORDS AND PHRASES – "person responsible" – "restrictive practices" Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)–(2), 3E(1), 4, 4(a)–(d) 14, 14(2), 33A(4), 33A(4)(d), 40, 46(4) National Disability Insurance Scheme Act 2013 (Cth), ss 9, 73H, 209 National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 (Cth), r 6 Cases Cited: IF v IG [2004] NSWADTAP 3 Texts Cited: Nil Category: Principal judgment Parties: 001: Guardianship Application

DZF (the person) NMF (applicant) Public Guardian Representation: Nil File Number(s): NCAT 2018/00302152 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).