DZP [2020] NSWCATGD 57

DZP [2020] NSWCATGD 57

DZP continues to have lifelong disabilities that prevent him from making important life decisions, and the evidence showed an ongoing need for consent to restrictive practices used to influence his behaviour. Because other decisions could be made by BAO without a formal guardianship order, the Tribunal made a limited continuing guardianship order appointing BAO only for decisions about mechanical restraint, environmental restraint and chemical restraint, subject to conditions.

Jurisdiction
Australia
Judgment Date
23 June 2020
Procedural Posture
Review of Guardianship Order / End of Term Statutory Review of Guardianship Order
Outcome
The guardianship order for DZP made on 12 September 2019 was reviewed and a continuing limited guardianship order was made appointing BAO as guardian for three years from 23 June 2020.
Legal Topics
['restrictive Practices' 'environmental Restraint' 'chemical Restraint' 'mechanical Restraint' 'continuing Guardianship Order' 'private Guardian']
['guardianship' 'disability Services'] ['restrictive Practices' 'environmental Restraint' 'chemical Restraint' 'mechanical Restraint' 'continuing Guardianship Order' 'private Guardian']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether DZP continues to have a disability which prevents him from being able to make important life decisions.' 'Whether a further guardianship order should be made and what order should be made.' 'Who should be appointed as guardian.' 'How long the order should last.']

Ratio Decidendi

DZP continues to have lifelong disabilities that prevent him from making important life decisions, and the evidence showed an ongoing need for consent to restrictive practices used to influence his behaviour. Because other decisions could be made by BAO without a formal guardianship order, the Tribunal made a limited continuing guardianship order appointing BAO only for decisions about mechanical restraint, environmental restraint and chemical restraint, subject to conditions.

Court Disposition

The guardianship order for DZP made on 12 September 2019 was reviewed and a continuing limited guardianship order was made appointing BAO as guardian for three years from 23 June 2020.

Orders

  • ['BAO of [Address removed for publication.] is appointed as the guardian.' 'This is a continuing guardianship order for a period of three years from 23 June 2020.' 'This is a limited guardianship order giving the guardian custody of DZP to the extent necessary to carry out the functions below.' "The guardian has the...