BZL [2020] NSWCATGD 2

BZL [2020] NSWCATGD 2

BZL continues to have a disability which prevents him from making important life decisions; there is ongoing need for guardianship. The order should be renewed for 12 months with JAL as guardian, authorising her to make decisions on accommodation (including authorising others), health care, services, consent to medical and dental treatment, and restrictive practices (chemical and environmental restraints). The use of the motion sensor does not constitute an environmental restraint.

Jurisdiction
Australia
Judgment Date
11 February 2020
Procedural Posture
Guardianship Order Review / End of Term Review
Outcome
Guardianship order renewed and varied
Legal Topics
['review of Guardianship Order' 'restrictive Practices' 'appointment of Private Guardian']
['guardianship Law' 'disability Law'] ['review of Guardianship Order' 'restrictive Practices' 'appointment of Private Guardian']

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Procedural Posture

Guardianship Order Review / End of Term Review

Legal Issues

  1. 1 ['Whether BZL continues to have a disability which prevents him from making important life decisions' 'Whether the guardianship order should be renewed or varied and for what term' 'Whether restrictive practices (chemical and environmental restraint) are justified' 'Whether use of a motion sensor is a restrictive practice under relevant law' 'Who should be appointed as guardian']

Ratio Decidendi

BZL continues to have a disability which prevents him from making important life decisions; there is ongoing need for guardianship. The order should be renewed for 12 months with JAL as guardian, authorising her to make decisions on accommodation (including authorising others), health care, services, consent to medical and dental treatment, and restrictive practices (chemical and environmental restraints). The use of the motion sensor does not constitute an environmental restraint.

Court Disposition

Guardianship order renewed and varied

Orders

  • ['JAL is appointed as guardian for BZL for 12 months from 11 February 2020.' 'This is a limited guardianship order with specified functions: accommodation (including authorising others), health care, consent to medical/dental treatment, services, restrictive practices (chemical and environmental restraint).'...