KYT [2018] NSWCATGD 36

KYT [2018] NSWCATGD 36

The Tribunal found, based on uncontroverted medical evidence, that the use of Temazepam was for treating KYT's diagnosed Generalised Anxiety Disorder and not for the primary purpose of influencing behaviour; therefore, it does not constitute a restrictive practice requiring specific guardian consent. The existing guardianship order and functions remain appropriate.

Jurisdiction
Australia
Judgment Date
18 December 2018
Procedural Posture
Guardianship Order Review / Guardianship Order Review Hearing
Outcome
Guardianship order renewed with existing functions; medication use does not require restrictive practices function.
Legal Topics
['restrictive Practices' 'chemical Restraint' 'guardianship Functions' 'ndis Regulation']
['guardianship' 'disability Law'] ['restrictive Practices' 'chemical Restraint' 'guardianship Functions' 'ndis Regulation']

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Procedural Posture

Guardianship Order Review / Guardianship Order Review Hearing

Legal Issues

  1. 1 ['Whether the guardianship order should be renewed or varied' 'Whether the use of medication (Temazepam) constitutes a restrictive practice requiring specific guardian consent']

Ratio Decidendi

The Tribunal found, based on uncontroverted medical evidence, that the use of Temazepam was for treating KYT's diagnosed Generalised Anxiety Disorder and not for the primary purpose of influencing behaviour; therefore, it does not constitute a restrictive practice requiring specific guardian consent. The existing guardianship order and functions remain appropriate.

Court Disposition

Guardianship order renewed with existing functions; medication use does not require restrictive practices function.

Orders

  • ['The Public Guardian is appointed as the guardian.' 'This is a continuing guardianship order for a period of one year from 20 September 2018.' 'This is a limited guardianship order giving the guardian custody of KYT to the extent necessary to carry out health care, medical/dental consent, and service functions.'...