SKD [2018] NSWCATGD 38

SKD [2018] NSWCATGD 38

The Tribunal was satisfied that SKD continues to have a disability but that all necessary decisions can be made informally by his sister and support network without the need for a guardianship order. The observed restrictive practice (being kept within line of sight) does not restrict SKD’s freedom and is part of care obligations, not requiring ongoing guardianship intervention. There was therefore no further need for a guardianship order and it should lapse.

Jurisdiction
Australia
Judgment Date
17 September 2018
Procedural Posture
Review of Guardianship Order / End of Term Statutory Review
Outcome
Order lapsed; no further guardianship order made.
Legal Topics
['end of Term Review' 'restrictive Practices' 'appointment of Guardian']
['guardianship Law' 'disability Law'] ['end of Term Review' 'restrictive Practices' 'appointment of Guardian']

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Procedural Posture

Review of Guardianship Order / End of Term Statutory Review

Legal Issues

  1. 1 ['Whether SKD continues to require a guardianship order' 'Whether practice of keeping SKD within line of sight is a restrictive practice' 'Whether a further guardianship order should be made']

Ratio Decidendi

The Tribunal was satisfied that SKD continues to have a disability but that all necessary decisions can be made informally by his sister and support network without the need for a guardianship order. The observed restrictive practice (being kept within line of sight) does not restrict SKD’s freedom and is part of care obligations, not requiring ongoing guardianship intervention. There was therefore no further need for a guardianship order and it should lapse.

Court Disposition

Order lapsed; no further guardianship order made.

Orders

  • ['The guardianship order concerning SKD made on 1 September 2016 is lapsed from 17 September 2018.']