BYC [2020] NSWCATGD 69

BYC [2020] NSWCATGD 69

BYC continued to have autism spectrum disorder and intellectual disability which prevented him from making important life decisions, and there was no practicable informal way for him to receive necessary services without a guardianship order. His complex health care, accommodation, medical and dental consent, services, and Behaviour Support Plan needs required guardian decision-making. The prescribed mood stabilisers were not chemical restraint because they were prescribed to treat bipolar disorder; the camera was not environmental restraint because it did not limit BYC's freedom of movement and was no longer used; but the locked overnight gate and restricted access to staff and food were...

Jurisdiction
Australia
Judgment Date
30 November 2020
Procedural Posture
Review of Guardianship Order / End of Term Statutory Review
Outcome
The guardianship order for BYC made on 23 September 2015 was reviewed and a continuing limited guardianship order was made for five years from 30 November 2020 appointing JZC as guardian.
Legal Topics
['guardianship Order' 'restrictive Practices Function' 'supported Independent Living' 'environmental Restraint' 'chemical Restraint' 'medical and Dental Consent' 'national Disability Insurance Scheme']
['guardianship' 'disability Law'] ['guardianship Order' 'restrictive Practices Function' 'supported Independent Living' 'environmental Restraint' 'chemical Restraint' 'medical and Dental Consent' 'national Disability Insurance Scheme']

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Procedural Posture

Review of Guardianship Order / End of Term Statutory Review

Legal Issues

  1. 1 ['Whether BYC continues to have a disability which prevents him from being able to make important life decisions.' 'Whether the Tribunal should make a further guardianship order and what order should be made.' "Who should be appointed as BYC's guardian." 'How long the guardianship order should last.' 'Whether mood stabiliser medication prescribed to treat bipolar disorder was chemical restraint.' 'Whether a camera in the lounge room was environmental restraint.' 'Whether a locked gate and restricted access to staff and food constituted environmental restraint requiring guardian consent.']

Ratio Decidendi

BYC continued to have autism spectrum disorder and intellectual disability which prevented him from making important life decisions, and there was no practicable informal way for him to receive necessary services without a guardianship order. His complex health care, accommodation, medical and dental consent, services, and Behaviour Support Plan needs required guardian decision-making. The prescribed mood stabilisers were not chemical restraint because they were prescribed to treat bipolar disorder; the camera was not environmental restraint because it did not limit BYC's freedom of movement and was no longer used; but the locked overnight gate and restricted access to staff and food were...

Court Disposition

The guardianship order for BYC made on 23 September 2015 was reviewed and a continuing limited guardianship order was made for five years from 30 November 2020 appointing JZC as guardian.

Orders

  • ['JZC of [Address removed for publication.] is appointed as the guardian.' 'This is a continuing guardianship order for a period of five years from 30 November 2020.' 'This is a limited guardianship order giving the guardian(s) custody of BYC to the extent necessary to carry out the functions below.' "The guardian...