KZE [2018] NSWCATGD 40

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: KZE [2018] NSWCATGD 40 Hearing dates: 26 October 2018 Date of orders: 26 October 2018 Decision date: 26 October 2018 Jurisdiction: Guardianship Division Before: B L Hughes, Senior Member (Legal), L Houlahan, Professional Member (Community) Decision: The guardianship order concerning KZE made on 1 October 2015 is lapsed from 26 October 2018. Catchwords: GUARDIANSHIP – end of term review of guardianship order – discretion to renew a guardianship order – order allowed to lapse

RESTRICTIVE PRACTICES – whether practice is a restrictive practice – locking of doors at group home and use of safety door locks in vehicle

WORDS AND PHRASES – Non-Purposeful Risk 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: 009: Review of Guardianship Order

KZE (the person) Public Guardian Representation: Nil File Number(s): 2004/00262734 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. KZE is a 34-year-old Aboriginal woman who has lived in a group home at Southwest Sydney since 2005. She is a former State ward and has no family involved in her life. 2. KZE has been under the guardianship of the Public Guardian since October 2004. The guardianship order was last reviewed on 1 October 2015 when the Public Guardian was appointed for a period of three years with the functions of health care, medical and dental consent, restrictive practices and services. 3. KZE has been under the financial management of the NSW Trustee and Guardian since 2010. 4. This is the end of term statutory review of the guardianship order made on 1 October 2015.