SKD [2018] NSWCATGD 38

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: SKD [2018] NSWCATGD 38 Hearing dates: 17 September 2018 Date of orders: 17 September 2018 Decision date: 17 September 2018 Jurisdiction: Guardianship Division Before: B L Hughes, Senior Member (Legal), Dr M A Martin, Senior Member (Professional) Decision: The guardianship order concerning SKD made on 1 September 2016 is lapsed from 17 September 2018. Catchwords: GUARDIANSHIP – end of term review of guardianship order – order allowed to lapse

RESTRICTIVE PRACTICES – whether practice is a restrictive practice – subject person kept in line of sight in public areas of group home – no restriction on freedom of subject person Legislation Cited: Guardianship Act 1987 (NSW), ss 3(1)–(2), 4, 14, 14(2) Cases Cited: IF v IG [2004] NSWADTAP 3 Texts Cited: Nil Category: Principal judgment Parties: 008: Review of Guardianship Order

SKD (the person) The Public Guardian (appointed guardian) Representation: Nil File Number(s): NCAT 2009/00475780 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)).

REASONS FOR DECISION

STATUTORY REVIEW OF GUARDIANSHIP ORDER

Background 1. SKD is a 64-year-old man who has lived at a group home since 2010. The group home is managed by disability service provider. His parents are deceased, and he has a supportive sister, TZD, who lives in regional NSW with her partner, QAE. 2. SKD has been known to the Guardianship Tribunal since 2009. A guardianship order was first made for SKD in July 2011. The Tribunal most recently reviewed the guardianship order on 1 September 2016 and appointed the Public Guardian for a period of two years with the functions of accommodation, legal services and restrictive practices. Before this, OXD, an uncle of SKD had been appointed as guardian and informally managed SKD's affairs. 3. On 22 March 2017, the Tribunal committed the estate of SKD to the management of the NSW Trustee and Guardian. 4. This is the statutory end of term review of the guardianship order of 1 September 2016.