KJN [2020] NSWCATGD 94

KJN [2020] NSWCATGD 94

Given KJN's inability to provide valid consent and icare's policy requiring guardian consent for mechanical restraint (seatbelt use), and with the paramount consideration being KJN's welfare and interests, it is appropriate to vary the guardianship order to give the guardian authority to consent to the use of restrictive practices (mechanical restraint) to ensure KJN can safely participate in community activities she enjoys.

Jurisdiction
Australia
Judgment Date
15 September 2020
Procedural Posture
Requested Review of Guardianship Order / Review of Existing Guardianship Order
Outcome
Guardianship order varied; guardian's functions extended to authority to consent to restrictive practices (mechanical restraint) for a period of three years from 6 May 2019.
Legal Topics
['restrictive Practices' 'mechanical Restraint' 'consent for Restraint' 'lifetime Care and Support Scheme' 'welfare of Represented Persons']
['guardianship'] ['restrictive Practices' 'mechanical Restraint' 'consent for Restraint' 'lifetime Care and Support Scheme' 'welfare of Represented Persons']

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Procedural Posture

Requested Review of Guardianship Order / Review of Existing Guardianship Order

Legal Issues

  1. 1 ['Whether the guardian should have authority to consent to the use of restrictive practices (mechanical restraint) for KJN' 'What functions should now be given to the guardian upon review']

Ratio Decidendi

Given KJN's inability to provide valid consent and icare's policy requiring guardian consent for mechanical restraint (seatbelt use), and with the paramount consideration being KJN's welfare and interests, it is appropriate to vary the guardianship order to give the guardian authority to consent to the use of restrictive practices (mechanical restraint) to ensure KJN can safely participate in community activities she enjoys.

Court Disposition

Guardianship order varied; guardian's functions extended to authority to consent to restrictive practices (mechanical restraint) for a period of three years from 6 May 2019.

Orders

  • ['QZT is appointed as guardian.' 'Continuing guardianship order for three years from 6 May 2019.' 'Limited guardianship—functions specified: accommodation, health care, medical/dental consent, services, restrictive practices (mechanical restraint).' "Standard and restrictive practices conditions on the guardian's...