KYT [2018] NSWCATGD 36

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KYT [2018] NSWCATGD 36 Hearing dates: 18 December 2018 Date of orders: 18 December 2018 Decision date: 18 December 2018 Jurisdiction: Guardianship Division Before: A D Suthers, Senior Member (Legal) Dr L Tong, Senior Member (Professional) L Stewart, General Member (Community) Decision: The guardianship order for KYT made on 20 September 2018 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 one year from 20 September 2018.

3. This is a limited guardianship order giving the guardian(s) custody of KYT to the extent necessary to carry out the functions below.

FUNCTIONS:

4. The guardian has the following functions:

a) Health care

To decide what health care KYT may receive.

b) Medical/Dental consent

To make substitute decisions about proposed minor or major medical or dental treatment, where KYT is not capable of giving a valid consent.

c) Services

To make decisions about services to be provided to KYT.

CONDITION:

5. The condition of this order is:

a) Standard Condition

In exercising this role the guardian shall take all reasonable steps to bring KYT to an understanding of the issues and to obtain and consider their views before making significant decisions. Catchwords: GUARDIANSHIP – requested review of guardianship order – functions of guardian – restrictive practices – definition and nature of restrictive practices – relationship between restrictive practices and NDIS – chemical restraint – whether practice is a restrictive practice