EZC [2020] NSWCATGD 60

EZC [2020] NSWCATGD 60

EZC continues to have a disability that renders him incapable of making important life decisions, and restrictive practices are needed to manage his behaviour. There is insufficient evidence of any change in circumstances. There remains a need to appoint a guardian to make decisions about the use of restrictive practices and the non-recording camera; MBO is suitable and willing to continue as guardian. The limited guardianship order should continue for three years.

Parties
The Person: EZC; Appointed Guardian: MBO; Public Guardian
Jurisdiction
Australia
Judgment Date
01 May 2020
Procedural Posture
Review of Guardianship Order / End of Term Review and Renewal Decision
Outcome
Guardianship order renewed and varied for three years with specified functions and conditions.
Legal Topics
End of Term Review, Restrictive Practices, Appointment of Guardian, Use of Surveillance, Disability and Decision Making, Guardianship Orders
Guardianship Law Disability Law End of Term Review Restrictive Practices Appointment of Guardian Use of Surveillance Disability and Decision Making Guardianship Orders

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Parties

EZC

The Person

MBO

Appointed Guardian

Public Guardian

Procedural Posture

Review of Guardianship Order / End of Term Review and Renewal Decision

Legal Issues

  1. 1 Whether EZC continues to have a disability preventing him from making important life decisions
  2. 2 Whether a further guardianship order should be made and, if so, its terms
  3. 3 Whether use of non-recording camera is a restrictive practice

Ratio Decidendi

EZC continues to have a disability that renders him incapable of making important life decisions, and restrictive practices are needed to manage his behaviour. There is insufficient evidence of any change in circumstances. There remains a need to appoint a guardian to make decisions about the use of restrictive practices and the non-recording camera; MBO is suitable and willing to continue as guardian. The limited guardianship order should continue for three years.

Court Disposition

Guardianship order renewed and varied for three years with specified functions and conditions.

Orders

  • MBO appointed as guardian for EZC for three years from 1 May 2020.
  • Order is limited, authorising the guardian to provide or withhold consent for the use of chemical and environmental restraint on EZC, as per behaviour support plan reviewed at least annually or on change of circumstances.