NZX [2021] NSWCATGD 16

NZX [2021] NSWCATGD 16

NZX continues to have a disability preventing her from making important life decisions. The only remaining need for substitute decision-making is in relation to consent to the use of restrictive practices (chemical restraint), which must be given by an authorised guardian under the current legislative regime. NAN is suitable and willing, and is reappointed as guardian for a limited purpose and period subject to statutory conditions.

Jurisdiction
Australia
Judgment Date
15 September 2021
Procedural Posture
Review of Guardianship Order / End of Term Review/renewal
Outcome
Guardianship order varied and renewed for two years limited to authorising consent to restrictive practices (chemical restraint) for NZX.
Legal Topics
['guardianship Order Review' 'restrictive Practices' 'substitute Consent for Restraint' 'chemical Restraint' 'behaviour Support Plan' 'appointment of Private Guardian']
['guardianship Law' 'aged Care Law'] ['guardianship Order Review' 'restrictive Practices' 'substitute Consent for Restraint' 'chemical Restraint' 'behaviour Support Plan' 'appointment of Private Guardian']

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Procedural Posture

Review of Guardianship Order / End of Term Review/renewal

Legal Issues

  1. 1 ['Whether NZX remains a person in need of a guardian under the Act' 'Whether a further guardianship order should be made and on what terms' 'Whether authority to consent to restrictive practices (chemical restraint) should be included in the order' 'Who should be appointed as guardian and the terms/length of appointment']

Ratio Decidendi

NZX continues to have a disability preventing her from making important life decisions. The only remaining need for substitute decision-making is in relation to consent to the use of restrictive practices (chemical restraint), which must be given by an authorised guardian under the current legislative regime. NAN is suitable and willing, and is reappointed as guardian for a limited purpose and period subject to statutory conditions.

Court Disposition

Guardianship order varied and renewed for two years limited to authorising consent to restrictive practices (chemical restraint) for NZX.

Orders

  • ['NAN is appointed guardian for NZX.' 'Guardianship order is continuing for two years from 15 September 2021.' 'Order limited to authorising guardian to give or withhold consent to restrictive practices (chemical restraint) as specified in Quality of Care Principles 2014 (Cth), subject to conditions: (i) as last...