GZC [2021] NSWCATGD 25

GZC [2021] NSWCATGD 25

GZC continued to have a severe disability that made him totally incapable of managing his person and he continued to need substitute decisions about health care, medical and dental treatment, behaviour support and restrictive practices. Although HKC's handling of the COVID-19 vaccination issue raised concerns about...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 July 2021
Procedural Posture
Review of Guardianship Order / Statutory End of Term Review of Guardianship Order
Outcome
Guardianship order reviewed, renewed and varied; HKC reappointed as private guardian for one month.
Legal Topics
['end of Term Review of Guardianship Order' 'restrictive Practices' 'chemical Restraint' 'environmental Restraint' 'behaviour Support Plan' 'covid 19 Vaccination' 'suitability of Guardian' 'supported Accommodation' 'ndis Participant']
['guardianship' 'health Care and Medical Consent' 'disability Law'] ['end of Term Review of Guardianship Order' 'restrictive Practices' 'chemical Restraint' 'environmental Restraint' 'behaviour Support Plan' 'covid 19 Vaccination' 'suitability of Guardian' 'supported Accommodation' 'ndis Participant']

Source-derived case record

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Procedural Posture

Review of Guardianship Order / Statutory End of Term Review of Guardianship Order

Legal Issues

  1. 1 ['Whether GZC continued to be a person in need of a guardian because of a disability preventing him from making important life decisions.' 'Whether a further guardianship order should be made and what functions it should include.' 'Whether HKC was suitable to be reappointed as guardian.' 'How long the renewed guardianship order should last.']

Ratio Decidendi

GZC continued to have a severe disability that made him totally incapable of managing his person and he continued to need substitute decisions about health care, medical and dental treatment, behaviour support and restrictive practices. Although HKC's handling of the COVID-19 vaccination issue raised concerns about whether she understood and would discharge her obligations as guardian, the Tribunal found on balance that reappointing her for one month was consistent with GZC's interests and welfare and with preserving family relationships, while allowing her to make an informed vaccination decision and allowing the Tribunal to consider the new behaviour support plan before any longer order.

Court Disposition

Guardianship order reviewed, renewed and varied; HKC reappointed as private guardian for one month.

Orders

  • ['HKC of [Address removed for publication.] is appointed as the guardian.' 'This is a continuing guardianship order for a period of one month from 13 July 2021.' 'This is a limited guardianship order giving the guardian custody of GZC to the extent necessary to carry out the functions below.' 'The guardian has the...