HZC [2019] NSWCATGD 8

HZC [2019] NSWCATGD 8

HZC continued to have a severe intellectual disability and behaviours requiring supervision and substitute decision-making, so she remained a person in need of a guardian. The Tribunal renewed the order because ongoing decisions were required about advocacy, accommodation, health care, medical and dental consent, services and restrictive practices. The Tribunal adopted the NDIS definitions of restrictive practices for consistency and welfare reasons, concluded that chemical restraint should be consented to by a guardian with a restrictive practices function rather than under the person responsible medical treatment regime, and appointed HZC's parents jointly for three years subject to...

Jurisdiction
Australia
Judgment Date
03 May 2019
Procedural Posture
Guardianship / End of Term Review of Guardianship Order
Outcome
Guardianship order reviewed and renewed; TYC and TXC appointed jointly as guardians for three years with limited functions and conditions, including restrictive practices functions.
Legal Topics
['end of Term Review of Guardianship Order' 'restrictive Practices' 'ndis Restrictive Practices Definitions' 'chemical Restraint' 'person Responsible Regime' 'substitute Decision Making']
['guardianship' 'disability Law' 'administrative Law'] ['end of Term Review of Guardianship Order' 'restrictive Practices' 'ndis Restrictive Practices Definitions' 'chemical Restraint' 'person Responsible Regime' 'substitute Decision Making']

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Procedural Posture

Guardianship / End of Term Review of Guardianship Order

Legal Issues

  1. 1 ['Whether HZC remained a person in need of a guardian because of disability preventing her from making important life decisions.' 'Whether the guardianship order should be renewed and, if so, what functions should be conferred.' 'Who should be appointed as guardian and for how long.' 'Whether definitions of restrictive practices in Commonwealth NDIS legislation should be used in NCAT guardianship proceedings.' 'Whether the use of medication primarily to control behaviour requires consent by a guardian with a restrictive practices function rather than consent under the person responsible regime for medical treatment.']

Ratio Decidendi

HZC continued to have a severe intellectual disability and behaviours requiring supervision and substitute decision-making, so she remained a person in need of a guardian. The Tribunal renewed the order because ongoing decisions were required about advocacy, accommodation, health care, medical and dental consent, services and restrictive practices. The Tribunal adopted the NDIS definitions of restrictive practices for consistency and welfare reasons, concluded that chemical restraint should be consented to by a guardian with a restrictive practices function rather than under the person responsible medical treatment regime, and appointed HZC's parents jointly for three years subject to...

Court Disposition

Guardianship order reviewed and renewed; TYC and TXC appointed jointly as guardians for three years with limited functions and conditions, including restrictive practices functions.

Orders

  • ['TYC and TXC are appointed jointly as the guardians.' 'This is a continuing guardianship order for a period of three years from 1 April 2019.' 'This is a limited guardianship order giving the guardian(s) custody of HZC to the extent necessary to carry out the functions below.' 'TYC and TXC have the functions of...