BDQ [2016] NSWCATGD 45

BDQ [2016] NSWCATGD 45

Miss BDQ has a profound intellectual disability, spastic quadriplegia and major sight and hearing impairments, and her intellectual disability prevents her from making important life decisions. Because she has no involved family or other source of advocacy, and needs decision-making representation for her first two NDIS plans, the ADHC transfer process, complex health needs and restrictive practices, a limited continuing guardianship order appointing the Public Guardian for 18 months was necessary.

Jurisdiction
Australia
Judgment Date
22 September 2016
Procedural Posture
Guardianship Application / Final Decision and Orders After Hearing
Outcome
Guardianship order made; the Public Guardian appointed as guardian for Miss BDQ for 18 months with limited functions.
Legal Topics
['guardianship Order' 'national Disability Insurance Scheme' 'public Guardian' 'restrictive Practices' 'healthcare and Medical and Dental Consents' 'services Functions' 'adhc Accommodation Service Transfer']
['guardianship' 'disability Services'] ['guardianship Order' 'national Disability Insurance Scheme' 'public Guardian' 'restrictive Practices' 'healthcare and Medical and Dental Consents' 'services Functions' 'adhc Accommodation Service Transfer']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Guardianship Application / Final Decision and Orders After Hearing

Legal Issues

  1. 1 ['Does Miss BDQ have a disability which prevents her from being able to make some important life decisions?' 'Should the Tribunal make a guardianship order and if so, what order should be made?' 'Who should be the guardian?' 'How long should the order last?']

Ratio Decidendi

Miss BDQ has a profound intellectual disability, spastic quadriplegia and major sight and hearing impairments, and her intellectual disability prevents her from making important life decisions. Because she has no involved family or other source of advocacy, and needs decision-making representation for her first two NDIS plans, the ADHC transfer process, complex health needs and restrictive practices, a limited continuing guardianship order appointing the Public Guardian for 18 months was necessary.

Court Disposition

Guardianship order made; the Public Guardian appointed as guardian for Miss BDQ for 18 months with limited functions.

Orders

  • ['A guardianship order is made in respect of Miss BDQ.' 'The Public Guardian is appointed as the guardian.' 'This is a continuing guardianship order for a period of 18 months from the date of this order.' 'This is a limited guardianship order giving the guardian custody of Miss BDQ to the extent necessary to carry...