GZK [2020] NSWCATGD 5

GZK [2020] NSWCATGD 5

Given GZK's ongoing disability, cognitive impairment, and non-compliance with COVID-19 public health orders, and the inability to maintain in-home support without restricting his movement, the Tribunal found that a variation of the guardianship order was necessary. A limited, targeted 'COVID-19 Function' was granted to the Public Guardian to protect GZK's welfare by authorising necessary restrictions, strictly for the duration of relevant Public Health Orders. No less restrictive mechanism was viable for GZK's circumstances.

Jurisdiction
Australia
Judgment Date
23 April 2020
Procedural Posture
Requested Review of Guardianship Order / Review Hearing Orders Varied
Outcome
Guardianship order varied to include a COVID-19 function. Public Guardian reaffirmed as guardian. Continuing, limited order for two years from 17 June 2019.
Legal Topics
['guardianship Order Review' 'disability and Incapacity' 'covid 19 Pandemic Response' 'restrictive Practices' 'accommodation and Services' 'authority of Public Guardian']
['guardianship' 'health Law' 'public Health Law'] ['guardianship Order Review' 'disability and Incapacity' 'covid 19 Pandemic Response' 'restrictive Practices' 'accommodation and Services' 'authority of Public Guardian']

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Procedural Posture

Requested Review of Guardianship Order / Review Hearing Orders Varied

Legal Issues

  1. 1 ['Whether GZK continues to have a disability requiring a guardianship order' "Whether the guardianship order should be varied to add 'COVID-19 Function'" 'Who should be appointed as guardian' 'Whether restrictive practices function should be granted']

Ratio Decidendi

Given GZK's ongoing disability, cognitive impairment, and non-compliance with COVID-19 public health orders, and the inability to maintain in-home support without restricting his movement, the Tribunal found that a variation of the guardianship order was necessary. A limited, targeted 'COVID-19 Function' was granted to the Public Guardian to protect GZK's welfare by authorising necessary restrictions, strictly for the duration of relevant Public Health Orders. No less restrictive mechanism was viable for GZK's circumstances.

Court Disposition

Guardianship order varied to include a COVID-19 function. Public Guardian reaffirmed as guardian. Continuing, limited order for two years from 17 June 2019.

Orders

  • ['The Public Guardian is appointed as the guardian.' 'This is a continuing guardianship order for a period of two years from 17 June 2019.' 'This is a limited guardianship order giving the guardian(s) custody of GZK to the extent necessary to carry out the functions below.' 'Accommodation: To decide where GZK may...