DZN [2021] NSWCATGD 10

DZN [2021] NSWCATGD 10

DZN remains a person for whom a guardianship order should be made due to ongoing intellectual and physical disabilities; BKP is reappointed with specific authority over accommodation, health care, services, medical/dental consent, consent for chemical restraint (restrictive practices), and consent to use of surveillance devices due to DZN's needs and welfare.

Jurisdiction
Australia
Judgment Date
17 March 2021
Procedural Posture
Review of Guardianship Order / End of Term Review
Outcome
Guardianship order for DZN continued for 12 months with BKP appointed as guardian.
Legal Topics
['appointment of Guardian' 'restrictive Practices' 'use of Surveillance Devices' 'chemical Restraint' 'accommodation and Health Care Decisions']
['guardianship' 'disability Law'] ['appointment of Guardian' 'restrictive Practices' 'use of Surveillance Devices' 'chemical Restraint' 'accommodation and Health Care Decisions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Review of Guardianship Order / End of Term Review

Legal Issues

  1. 1 ['Whether DZN remains a person for whom a guardianship order should be made' 'What functions should be included in the guardianship order (including authority over accommodation, health care, restrictive practices, and surveillance)' 'Whether consent is required for use of video surveillance in group home' 'Who should be appointed as guardian and for what period']

Ratio Decidendi

DZN remains a person for whom a guardianship order should be made due to ongoing intellectual and physical disabilities; BKP is reappointed with specific authority over accommodation, health care, services, medical/dental consent, consent for chemical restraint (restrictive practices), and consent to use of surveillance devices due to DZN's needs and welfare.

Court Disposition

Guardianship order for DZN continued for 12 months with BKP appointed as guardian.

Orders

  • ['BKP appointed guardian for DZN.' 'Guardianship order is limited and continuing for 12 months from 17 March 2021.' 'Order will not be reviewed at the end of this period.' "Guardian given powers over accommodation, health care, medical/dental consent, services, restrictive practices (chemical restraint), and...