MKS [2018] NSWCATGD 42

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MKS [2018] NSWCATGD 42 Hearing dates: 22 November 2018 Date of orders: 22 November 2018 Decision date: 22 November 2018 Jurisdiction: Guardianship Division Before: J C Simpson, Senior Member (Legal) E Love, Senior Member (Professional) Emeritus Professor P J Foreman, General Member Decision: The application for a guardianship order is dismissed after hearing. Catchwords: GUARDIANSHIP – application for a guardianship order – application dismissed

RESTRICTIVE PRACTICES – definition and nature of restrictive practices – relationship between restrictive practices and NDIS – whether practice is a restrictive practice Legislation Cited: National Disability Insurance Scheme (Restrictive Practices and Behaviour Support) Rules 2018 (Cth), rr 6, 9 Cases Cited: Nil Texts Cited: NSW Government, Department of Family and Community Service, Restrictive Practices Authorisation Policy (June 2018) Category: Principal judgment Parties: 009: Guardianship Application

MKS (the person) NES (applicant) Public Guardian Representation: Nil File Number(s): NCAT 1999/00066702 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

Background 1. MKS is a 52-year-old woman with severe intellectual disability who lives in a group home run by a disability service provider. 2. MKS has previously been under guardianship of family members but the most recent guardianship order lapsed in 2011. 3. Now, NES, mother, applied for a guardianship order. This was on the basis of advice from the disability service provider who felt that guardianship may be needed in relation to consent to the use of a seat belt guard when MKS is travelling in a service vehicle. 4. Also very involved in MKS' life are her father, MZS, and sister, KAX.