SMO [2015] NSWCATGD 6

SMO [2015] NSWCATGD 6

There had been no recent need for restraint; Mr SMO has a strong advocate in his sister; and there is no current need for substitute decision-making—so the guardianship order should lapse.

Parties
Subject Person: Mr SMO; Private Guardian: Ms DDX
Jurisdiction
Australia
Judgment Date
05 February 2015
Procedural Posture
End of Term Review of Guardianship Order / Review and Determination
Outcome
Guardianship order lapsed
Legal Topics
Guardianship Order, End of Term Review, Restrictive Practices, Physical Restraint, Behaviour Support Plan
Guardianship Guardianship Order End of Term Review Restrictive Practices Physical Restraint Behaviour Support Plan

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Parties

Mr SMO

Subject Person

Ms DDX

Private Guardian

Procedural Posture

End of Term Review of Guardianship Order / Review and Determination

Legal Issues

  1. 1 Whether the guardianship order for Mr SMO should be continued
  2. 2 Whether ongoing restrictive practices (physical restraint) require a guardian
  3. 3 Whether behaviour support plan effectively avoids need for restraint

Ratio Decidendi

There had been no recent need for restraint; Mr SMO has a strong advocate in his sister; and there is no current need for substitute decision-making—so the guardianship order should lapse.

Court Disposition

Guardianship order lapsed

Orders

  • The guardianship order for Mr SMO lapses